Third National Exchange Bank v. Smith
New Mexico Supreme Court
Appeal from District Court, Dona Ana County.- The deed from Keinhart to Smith, the notes executed for the deferred payments and the deed of trust executed at the same time as part of the same transaction, are to-be construed together, in connection with the fact alleged in the answer — that the land attempted to be conveyed and mortgaged was public unsurveyed land of the United States and was in exclusive possession of Beinhart, but was not held under claim or color of title…
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Appeal from District Court, Dona Ana County.- The deed from Keinhart to Smith, the notes executed for the deferred payments and the deed of trust executed at the same time as part of the same transaction, are to-be construed together, in connection with the fact alleged in the answer — that the land attempted to be conveyed and mortgaged was public unsurveyed land of the United States and was in exclusive possession of Beinhart, but was not held under claim or color of title made or acquired in good faith with a view to entry thereof, and that Beinhart as a part of said transaction delivered…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
The appellants have assigned as error the action of the lower court in sustaining the demurrer to the answer, and entering judgment for the plaintiff ás by default for want of a sufficient answer, claiming that the court thereby lent its aid to the enforcement of an executory contract of mortgage which the answer clearly showed was illegal, in that it was made in the course of, and as a part of a deed of sale and assertion of exclusive possession of vendor and vendee of public land of the United States in violation of the penal statutes and public policy of…
2Cases cited23 opinions
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Brooks v. MartinSupreme Court of the United States · 1864
- Galloway v. FinleySupreme Court of the United States · 1838
- Reed v. JohnsonWashington Supreme Court · 1901
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3Cited by8 opinions
- Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937
- McManus v. FultonMontana Supreme Court · 1929
- Measday v. SweazeaNew Mexico Court of Appeals · 1968
- Forrest Currell Lumber Company v. ThomasNew Mexico Supreme Court · 1970
- Gulf Oil Corp. v. Rota-Cone Field Operating Co.New Mexico Court of Appeals · 1972
3 more not listed; retrieve them via the Exa API.