Horse Springs Cattle Co. v. Schofield
New Mexico Supreme Court
Appeal, from an order denying a motion to set aside an order authorizing the receiver of defendant company to sell certain property of defendant, from the Second Judicial District Oourt, Bernalillo County. The facts are stated in the opinion of the court.
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Appeal, from an order denying a motion to set aside an order authorizing the receiver of defendant company to sell certain property of defendant, from the Second Judicial District Oourt, Bernalillo County. The facts are stated in the opinion of the court. If this court is satisfied, from the uncontradicted evidence in this cause- that the form, manner or terms of the sale of January 16, 1896, were such in consequence of there not being required any public notice or competition, or any opportunity given to any one but Hayes to purchase the cattle, then the court should reverse this cause,…
1Opinion of the CourtBantz, J.
In a proceeding to foreclose a mortgage upon certain cattle and real estate of the Horse Springs Cattle Company one George Smith, its president, was appointed receiver, on the stipulation of the parties. This stipulation, which was signed by Smith for the company, authorized the receiver to round up such cattle as could be marketed, and dispose of them at public or private sale; the contract for the ' sale of such cattle to be first submitted to the court for approval, or to receive the written assent of Schofield, representing the mortgagee. Under that stipulation, an order of court was made…
2Cases cited10 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Graffam v. BurgessSupreme Court of the United States · 1886
- Schroeder v. YoungSupreme Court of the United States · 1896
- Requa v. ReaNew York Court of Chancery · 1831
- Brown v. FrostNew York Court of Chancery · 1843
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3Cited by1 opinion
- Webster v. Barnes Banking Co.Court of Appeals for the Tenth Circuit · 1940