Albright v. Albright
New Mexico Supreme Court
, Appeal from District Court, Bernalillo County; H. F. Reynolds, Judge. Action by Claude Albright against J. G. Albright and others. From a judgment for defendants, plaintiff-appeals. Property having been conveyed to wife of appellee, burden was on- appellee to establish that it was community. property. _ - - See.' 2764, Code 1915. Statute required testimony of appellee to be .'corroborated.
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, Appeal from District Court, Bernalillo County; H. F. Reynolds, Judge. Action by Claude Albright against J. G. Albright and others. From a judgment for defendants, plaintiff-appeals. Property having been conveyed to wife of appellee, burden was on- appellee to establish that it was community. property. _ - - See.' 2764, Code 1915. Statute required testimony of appellee to be .'corroborated. Sec. 2175, Code 1915; Childers v. Hubbell, 15 N. M. 450; National Rubber Co. v. Nadeau (unreported.) The estate of the deceased wife of appellant was a vested estate and it is not within the rule that…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
Claude Albright, the plaintiff in the court below, appellant here, is the only child of the defendant J". G-. Albright and of Franc E. L. Albright, deceased. The mother died February 19, 1912, and this suit was instituted by the daughter against her father to partition certain property alleged to be the separate estate of the mother. Plaintiff alleged that the real estate described in her complaint was conveyed to her mother during her life by instrument in writing. The answer of J. G-. Albright admitted that the property was conveyed to plaintiff’s mother…
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