Lockhart v. Washington Gold & Silver Mining Co.
New Mexico Supreme Court
Appeal from tbe District Court for Bernalillo County, before Ira. A. Abbott, Justice. Statements made before title accrued in the declarant will not be receivable. Lockhart v. Leeds, 10 N. M. 568, ’195 D. S. 427; Phillips v. Laughlin, 58 Atl. Rep. 65, Me.; Fall v. Fall, 60 Atl.
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Appeal from tbe District Court for Bernalillo County, before Ira. A. Abbott, Justice. Statements made before title accrued in the declarant will not be receivable. Lockhart v. Leeds, 10 N. M. 568, ’195 D. S. 427; Phillips v. Laughlin, 58 Atl. Rep. 65, Me.; Fall v. Fall, 60 Atl. Rep. 718; 2 Wharton on Evidence, secs. 1156-1170, 1190, 1206; 2 Wigmore on Evidence, secs. 1081, 1082; 1 Greenleaf on Evidence, sec. 180; Taylor v. Mather, 9 Gray 185; Noyes v. Morrill, 108 Mass. 399; Stockwell v. Blarney, 129 Mass. 396; Hutchins v. Hut-chins, 98 N. Y. 64; Dan v. Brown, 4 Cowen 483; 63 Pa. St. 63;…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This is a suit in equity brought by plaintiffs against defendants to charge them as constructive trustees ex ^maleficio and as such to hold the title to the Washington mining claim for the use and benefit of plaintiff. A decree in favor of -plaintiff was rendered by the court below and defendants appeal. This same case was before this court in Lockhart v. Leeds, 10 N. M. 568, and the complaint was held insufficient to authorize any relief to the plaintiff. Upon appeal to the Supreme Court of the United States it was held by that court that the complaint was…
2Cases cited6 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- The Distilled SpiritsSupreme Court of the United States · 1871
- Lockhart v. LeedsSupreme Court of the United States · 1904
- Thomson-Houston Electric Co. v. Capitol Electric Co.Court of Appeals for the Sixth Circuit · 1894
- Bank of Overton v. ThompsonCourt of Appeals for the Eighth Circuit · 1902
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3Cited by4 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Emmco Ins. Co. v. WalkerNew Mexico Supreme Court · 1953
- Cole v. StateCourt of Criminal Appeals of Oklahoma · 1931
- Vance v. Forty-Eight Star MillNew Mexico Supreme Court · 1949