Gillett v. Warren
New Mexico Supreme Court
Appeal from the District Court of Bernalillo County, Second Judicial District. Statement of facts by the court. • This action was commenced by appellee to compel the specific performance of a written contract entered into between appellant and one Mattie Jane Gillett, on April 14, 1891, for the sale of a piano upon the following terms: The original purchase price was $400, to be paid in installments of $20, on April 14, 1891, and monthly thereafter until the purchase price…
Read the full summary
Appeal from the District Court of Bernalillo County, Second Judicial District. Statement of facts by the court. • This action was commenced by appellee to compel the specific performance of a written contract entered into between appellant and one Mattie Jane Gillett, on April 14, 1891, for the sale of a piano upon the following terms: The original purchase price was $400, to be paid in installments of $20, on April 14, 1891, and monthly thereafter until the purchase price was fully paid, the title to remain in the vendor until the purchase price was paid, when the vendor was to give a bill…
1Opinion of the CourtParker, J.
Administba-tioh: community property: community debts. 1. The interest or property of the wife in the piano under the contract was community property. Under the community system 'in force in this Territory, and as it existed under the laws of Spain and Mexico, the surviving husband has the right to administer upon community property to the extent at least of selling the same to pay the debts of the community. And this is true notwithstanding the statutes for the administration of the estates of deceased persons, the latter being held to be in addition to and not exclusive of the right of the…
2Cases cited3 opinions
- Chicago, R. I. & P. Ry. Co. v. Union Pac. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1891
- Avery v. RyanWisconsin Supreme Court · 1889
- Scott v. BillgerryMississippi Supreme Court · 1866
3Cited by6 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Livesley v. JohnstonOregon Supreme Court · 1904
- Elephant Butte Alfalfa Ass'n. v. RouaultNew Mexico Supreme Court · 1926
- Geo. E. Warren Co. v. A. L. Black Coal Co.West Virginia Supreme Court · 1920
- Smith v. GalioNew Mexico Court of Appeals · 1980
1 more not listed; retrieve them via the Exa API.