Smith & Ricker v. Hill Bros.
New Mexico Supreme Court
Appeal from the District Court, Torrance County. Hill Bros, had neither possession nor title to the sheep when they executed the mortgage to plaintiff. The Elgee Cotton Cases, 22 Wall. 180; 24 A. & E. E. of L. 1045-7. Plaintiff’s mortgage does not cover, nor purport to cover, the sheep as after acquired property.
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Appeal from the District Court, Torrance County. Hill Bros, had neither possession nor title to the sheep when they executed the mortgage to plaintiff. The Elgee Cotton Cases, 22 Wall. 180; 24 A. & E. E. of L. 1045-7. Plaintiff’s mortgage does not cover, nor purport to cover, the sheep as after acquired property. Jones on Chattel Mortgages, sec. 173-A; Cobbey on Chattel Mortgages; Montgomery v. Chase, 14 N. W. 586; Phillips v. Both, 12 N. W. 481; Pennock v. Coe, 64 E. S. 117; New England Natl. Bank v. Northwestern Natl. Bank, 60 L. R. A. 256; Iowa State Bank v. Taylor, 98 la. 631; Tapfield v.…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
On the 19th day of March, 1910, the appellees Hill Brothers, and the appellant, Bias Duran, entered into a contract for the sale of some sheep, which is as follows:
“Duran, New Mexico, Mch. 19, 1910.
This' agreement made this 19th day of March, 1910, between Bias Duran, of Duran, N. ML, and Hill Bros., of Duran, N. M., witnesseth:
That, Bias Duran, in consideration of the sum of five hundred dollars to him cash in hand, agrees to sell a,nd deliver to Hill Brothers at Bias Duran’s Banch in Torrance County, N. M., on the 10th day of April, 1910, about four thousand…
2Cases cited10 opinions
- Pennock v. CoeSupreme Court of the United States · 1860
- Farmers' Loan & Trust Co. v. Denver, L. & G. R.Court of Appeals for the Eighth Circuit · 1903
- Northwestern Bank v. FreemanSupreme Court of the United States · 1898
- Welever v. Advance Shingle Co.Washington Supreme Court · 1904
- Hammel v. First National BankMichigan Supreme Court · 1901
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3Cited by10 opinions
- City of Rio Rancho v. AMREP SOUTHWEST INC.New Mexico Supreme Court · 2011
- Davidson v. ClickNew Mexico Supreme Court · 1926
- Honea v. Laco Auto Leasing, Inc.New Mexico Court of Appeals · 1969
- Skarda v. First Mortgage Loan Co. of ClovisNew Mexico Supreme Court · 1923
- Morrison Pardue v. Roberts-Dearborne Hardware Co.New Mexico Supreme Court · 1932
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