Ames v. Robert
New Mexico Supreme Court
Appeal from District Court, Clraves County. A contract for the sale of land, whereby further payments are to be made, is not a sale of the land, and the-placing of such a contract, together with a deed, in escrow,, is not a sale, and conveys no title until the last payment has been made and the deed actually delivered to the grantee. Jackson v. Rowland, 22 Am.
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Appeal from District Court, Clraves County. A contract for the sale of land, whereby further payments are to be made, is not a sale of the land, and the-placing of such a contract, together with a deed, in escrow,, is not a sale, and conveys no title until the last payment has been made and the deed actually delivered to the grantee. Jackson v. Rowland, 22 Am. Dec. 557; Hibernia Sav. & Loan Co. v. Farnham, 96 Pac. 9;. .May v. Emerson, 95 Pac. -1-54; id. 1065; Rathmel v. Shirley, 53 N. E. 1098; Emmons v. Harding, et ux, 1 Am. & Eng. Cases, 864 and note 868; 19 Cent. Dig. Escrow, secs. 11 and…
1Opinion of the Court
OPINION O'F- THE -COURT.
ROBERTS, C. J.
The trial court in this case made findings of fact in accord with the preceding statement of facts, and as such facts so found are supported by sufficient evidence, such findings will not be disturbed by this court. Carpenter v. Lindauer, 12 N. M. 388. This being true, it is only necessary for this court to consider one proposition, viz: Were the lands embraced in the deed to Ames covered by the description of the real estate mortgaged to Chisum under which mortgage appellant claims ?
The mortgage contains a specific description of certain real estate, and…
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