Stearns-Roger Manufacturing Co. v. Aztec Gold Mining & Milling Co.
New Mexico Supreme Court
Appeal from the District Court for Colfax County, before William J. Mills, Chief Justice. If the alleged deed of trust was a mortgage in effect here or an “encumbrance” akin to a mortgage, being duly recorded, it could not be displaced by ox postponed to a lien of material man or laborer arising thereafter. A mortgage as between mortgagor and mortgagee does not convey the legal title to the mortgagee.
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Appeal from the District Court for Colfax County, before William J. Mills, Chief Justice. If the alleged deed of trust was a mortgage in effect here or an “encumbrance” akin to a mortgage, being duly recorded, it could not be displaced by ox postponed to a lien of material man or laborer arising thereafter. A mortgage as between mortgagor and mortgagee does not convey the legal title to the mortgagee. Compiled Laws 1897, sees. 2220, 2226; Fugay v. Stickney, 41 Cal. 5S”5, 586, 597, not controlling; McMillan v. Richards, 9 Cal. 365; Nagle v. Macy, 9 Cal. 426; llafner v. Myer, 13 Cal. 13; Koch…
1Opinion of the Court
OPINION OP THE COURT.
MANN, J.
Counsel in this case have filed very able and exhaustive briefs, discussing and presenting every phase and feature of the Mechanics Lien Laws, and indeed nearly every possible question arising under that branch of the law has been raised by the record in this case, making it necessary for the court to examine at some length our Mechanics Lien Laws in order to answer the following main questions presentéd:
1st. Did the Stearns-Boger Company acquire a Mechanics Lien for the materials furnished the Aztec Mining and Milling Company and did McKay acquire such lien for…
2Cases cited15 opinions
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- Yancy v. MortonCalifornia Supreme Court · 1892
- Shillaber v. RobinsonSupreme Court of the United States · 1878
- Gaty v. CaseyIllinois Supreme Court · 1853
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
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3Cited by14 opinions
- Nuclear Corporation of America v. HaleDistrict Court, N.D. Texas · 1973
- Brand v. First Federal Savings & Loan Ass'n of FairbanksAlaska Supreme Court · 1970
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Panhandle Pipe and Steel, Inc. v. JeskoNew Mexico Supreme Court · 1969
- Griffith v. HumbleNew Mexico Supreme Court · 1942
9 more not listed; retrieve them via the Exa API.