Ward v. Buchanan
New Mexico Supreme Court
Appeal from District Court, Quay County; T. D. Leib, Judge. Action by J. F. Ward against William T. Buchanan and others. From a judgment for plaintiff, defendants appeal. STATEMENT OF FACTS. This action was brought in the district court of Quay county by the plaintiff below, who is appellee here, to quiet title to certain real estate described in his complaint, a number of defendants being joined, with only one, the appellant Roy Buchanan, appearing in answer.
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Appeal from District Court, Quay County; T. D. Leib, Judge. Action by J. F. Ward against William T. Buchanan and others. From a judgment for plaintiff, defendants appeal. STATEMENT OF FACTS. This action was brought in the district court of Quay county by the plaintiff below, who is appellee here, to quiet title to certain real estate described in his complaint, a number of defendants being joined, with only one, the appellant Roy Buchanan, appearing in answer. The facts, briefly stated, are as follows: The land in question was owned by Eebecca T. Buchanan, who, on January 27, 1911,…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above. — While there are numerous assignments of error presented for our consideration, the one vital question in this case is whether there was a trust created by the deed from Bebecca T. Buchanan to her son, Boy Buchanan, who is appellant here and who seeks to disclaim and disaffirm his deed conveying said real estate to W. F. Buchanan, because the same was executed during his minority.
The right of a minor to disaffirm his deed after attaining his majority is not questioned by the appellee. His contention is that the conveyance in…
2Cases cited3 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Kansas Moline Plow Co. v. ShermanSupreme Court of Oklahoma · 1895
- Eagle Mining and Improvement Co. v. HamiltonNew Mexico Supreme Court · 1907
3Cited by9 opinions
- Lumpkins v. McPheeNew Mexico Supreme Court · 1955
- Aragon v. Rio Costilla Cooperative Livestock Ass'nNew Mexico Supreme Court · 1991
- Chesher v. Shafter Lake Clay Co.New Mexico Supreme Court · 1941
- Loco Credit Union v. ReedNew Mexico Supreme Court · 1973
- Royal Indemnity Co. v. McClendonNew Mexico Supreme Court · 1958
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