Home Savings Bank of Des Moines v. Woodruff
New Mexico Supreme Court
Appeal from the District Court for Chaves County, before W. H. Pope, Associate Justice. In actions of trover and conversion it is necessary for the plaintiff to allege ownership or possession of the property alleged to have been converted. 21 Ene.
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Appeal from the District Court for Chaves County, before W. H. Pope, Associate Justice. In actions of trover and conversion it is necessary for the plaintiff to allege ownership or possession of the property alleged to have been converted. 21 Ene. P. & P. 1062, 1114. A renewal affidavit filed after the time fixed by Section 2362, Compiled Laws of 1807, for filing the same, does not revive such mortgagfe as against a judgment creditor. 1 Cobbey on Chattel Mortgages, secs. 526-531-541; Ileider v. Walther, 9 N. T. Supp. 926; Corbin v. Kincade, 23 Ivan. 629, 7 Pac. 145; .LockwOod v. Crawford, 29…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, J.
1 The appellants', the defendants in the trial court call in question the propriety of the action of that court in refusing to allow an amendment to their answer denying the execution of the mortgage in question, on motion made after a jury had been empanelled and a great part of the evidence for the plaintiff was in. The attornej's for the defendants, in support of the motion, said that they did not know until that morning, the authority for the execution of the mortgage was denied. The statement in the brief for the appellants goes somewhat beyond that in the…
2Cases cited1 opinion
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- Salazare v. St. Vincent HospitalNew Mexico Court of Appeals · 1980
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