Stearns-Roger Manufacturing Co. v. Aztec Gold Mining & Milling Co.
New Mexico Supreme Court
Appeal from the District Court for Colfax County, before William J. Mills, Chief Justice. If the alleged deed of trust was a mortgage in effect here or an “encumbrance” akin to a mortgage, being duly recorded, it could not be displaced by ox postponed to a lien of material man or laborer arising thereafter. A mortgage as between mortgagor and mortgagee does not convey the legal title to the mortgagee.
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Appeal from the District Court for Colfax County, before William J. Mills, Chief Justice. If the alleged deed of trust was a mortgage in effect here or an “encumbrance” akin to a mortgage, being duly recorded, it could not be displaced by ox postponed to a lien of material man or laborer arising thereafter. A mortgage as between mortgagor and mortgagee does not convey the legal title to the mortgagee. Compiled Laws 1897, sees. 2220, 2226; Fugay v. Stickney, 41 Cal. 5S”5, 586, 597, not controlling; McMillan v. Richards, 9 Cal. 365; Nagle v. Macy, 9 Cal. 426; llafner v. Myer, 13 Cal. 13; Koch…
1Concurrence
CONCURRING OPINION OF ASSOCIATE JUSTICE POPE.
POPE, J.
i (Concurring.) — The opinion of the court contains an announcement of the doctrine that under the laws of this Territory a mortgage passes no legal estate but is a mere lien. While assenting fully to this conclusion, the practical importance of this question, which has been a much mooted one in this Territory for many years, leads me to record my reasons for concurring in this decision of the court and in so doing to trace briefly the history of the doctrine thus adopted as the rule in our own jurisdiction. At common law the rule was…
2Cases cited23 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Carpenter v. LonganSupreme Court of the United States · 1873
- Teal v. WalkerSupreme Court of the United States · 1884
- Savings & Loan Society v. Multnomah CountySupreme Court of the United States · 1898
- McMillan v. RichardsCalifornia Supreme Court · 1858
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