First National Bank v. Haverkampf
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. Mortgage not recorded was fraudulent in law and void as to creditors.
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Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. Mortgage not recorded was fraudulent in law and void as to creditors. Blennerbassett v. Sherman, 105 U. S. 100; Waite on Fraudulent Conveyances, sefc. 235; Clayton v. Exchange Bank, 121 Fed. 630; Code Ga. 1895, secs. 2724, 2727; Bunch v. Schaer, 48 S. W. 1071; Curtis v. Lewis, 50 Atl. 878; 2 Kent’s Com. 523, 14 ed.; 26 Enc. 662; Ruggles v. Cannedy, Cal., 53 Pac. 911; Kite.lien v. Sinister, 14 N. M. 164; 5 Enc. 1014; 25 Enc. 130; re .Noel,, 137 Fed. 65)4; re JBothe, 173 Fed. 55)7; O. L. 185)7, sec.…
1Opinion of the Court
OPINION OF THE COURT.
M’FIE, J.
1 There being no denial of the indebtedness represented by the note and mortgage sued on by the plaintiff, the sole question fox determination by this court is, whether or not the trial court erred in its decree warding to the plaintiff a prior lien by virtue of the mortgage indebtedness upon the funds now in the trustee’s hands, the same having been derived from a sale of the mortgaged property. The court, having heard a large amount of evidence, made fifty-two findings of fact covering the disputed points and error is assigned upon several of these findings.…
2Cases cited20 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Security Warehousing Co. v. HandSupreme Court of the United States · 1907
- Etheridge v. SperrySupreme Court of the United States · 1891
- Remington v. Central Pacific RailroadSupreme Court of the United States · 1905
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