Lewis v. Baca
New Mexico Supreme Court
Appeal, from a judgment in favor of plaintiff, from the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The action being one relating to the settlement of the estate of a deceased person, belonged to the chancery side of the court, and should have been tried as a cause in equity. It is true that in chancery causes issues of fact may be framed and such special issues submitted to a jury.
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Appeal, from a judgment in favor of plaintiff, from the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The action being one relating to the settlement of the estate of a deceased person, belonged to the chancery side of the court, and should have been tried as a cause in equity. It is true that in chancery causes issues of fact may be framed and such special issues submitted to a jury. But it was not done in this case. 2 Story, Eq. Jur., secs. 1479, 1479a; 2 Daniel’s Chy. PI. &Pr., p. 1071, et seq., and p. 1110; Franklin v. Greene, 84 Mass.…
1Opinion of the CourtHenderson, J.
This suit was begun in the probate court of Santa Fe county by appellee, Lewis, to recover from the estate of Joseph Lackey the sum of $10,202.20. The claim is stated in the following form:
•“The estate of Joseph Lackey, deceased, to Charles W. Lewis, Dr.
“For 2,500 improved ewes, delivered to said Lackey by said Lewis in April, 1882, on the condition that said Lackey was to pay therefor one half of the increase and one half of the wool from said ewes, there being now due on said contract the following amounts, viz.:
3,868 merino ewes.......................................... $5,802 00
870…
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