Badaracco v. Badaracco
New Mexico Supreme Court
Appeal from a decree for plaintiffs, from the Second Judicial District Court, Bernalillo county. Statement of the case by the court.
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Appeal from a decree for plaintiffs, from the Second Judicial District Court, Bernalillo county. Statement of the case by the court. The pleadings in this case disclose that the claims of the parties are as follows, to wit: The plaintiff below, who is the appellee in this court, filed his complaint against the defendants, to compel Pietro Badaracco to convey to him certain lands described in the complaint, alleging that he had advanced money to said Pietro Badaracco to enable him to purchase the property in controversy, but that said Pietro Badaracco had no real interest in the property, and…
1Opinion of the CourtMills, C. J.
The most important errors assigned are those which allege that the title to the property in controversy was vested in the appellant, Pietro Badaracco, by the appellee, with the intent to commit a fraud on his wife in the division of the community property when she obtained her divorce. This is in fact the main ground on which the appeal is based, and nearly the entire brief of the counsel for the appellants is taken up in- its discussion.
From an examination of the record it appears that this charge of fraudulent conveyance of the property in controversy is first set up in the answer of the…
2Cases cited16 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Boardman v. GriffinIndiana Supreme Court · 1875
- Randall v. HowardSupreme Court of the United States · 1863
- Young v. GlascockSupreme Court of Missouri · 1883
- McKey v. WelchTexas Supreme Court · 1858
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3Cited by1 opinion
- Federal National Mortgage Ass'n v. Rose Realty, Inc.New Mexico Supreme Court · 1968