Legal Opinion

Perea v. Gallegos

New Mexico Supreme Court

Decided January 15, 1889Published

Appeal from district court, Sante Fe county; S. B. Axtell, Judge. Bill by José Leandro Perea against Candelaria Montoya Gallegos, to set aside a conveyance made to her by her husband, José M. Gallegos, a debtor of complainant, as fraudulent. José M. Gallegos died before the institution of the suit, and during its pendency the complainant also died, whereupon Jesus Maria Perea and another, his administrators, were substituted as complainants.

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Appeal from district court, Sante Fe county; S. B. Axtell, Judge. Bill by José Leandro Perea against Candelaria Montoya Gallegos, to set aside a conveyance made to her by her husband, José M. Gallegos, a debtor of complainant, as fraudulent. José M. Gallegos died before the institution of the suit, and during its pendency the complainant also died, whereupon Jesus Maria Perea and another, his administrators, were substituted as complainants. Decree for defendant, and complainants appeal.

1Opinion of the CourtReeves, J.

This is an appeal from the decree of the district court for the defendant and against the complainants in the district court, and appellants in this court. The appellee in the statement of the case, as appears from the brief of her solicitors, admits that the allegations and purpose of the bill were as stated by the appellants, as were also the proceedings down to the time of the reference to the master. The appellants in the statement of the case alleged in their bill of complaint that José L. Perea, in his life-time, filed his bill of equity therein, charging the defendant as a trustee in a…

2Cases cited2 opinions

  1. Lewis v. DarlingSupreme Court of the United States · 1854
  2. Connalley v. PeckCalifornia Supreme Court · 1853

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