Ilfeld v. De Baca
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before J. W. Crumraoker, Associate Justice. These conveyances were from .husband to wife. They were made when the husband was in a failing condition, and being pressed by his creditors by suits and otherwise. The husband continued in possession. All these cireumtances are badges of fraud. Bump on Fraudulent Conv.
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Appeal from the district court of Bernalillo county, before J. W. Crumraoker, Associate Justice. These conveyances were from .husband to wife. They were made when the husband was in a failing condition, and being pressed by his creditors by suits and otherwise. The husband continued in possession. All these cireumtances are badges of fraud. Bump on Fraudulent Conv. (4th Ed.), Secs. 49, 50, 63 and 288. The burden is on the grantee in the deed to prove consideration and fairness when suspicion is cast upon the transaction by showing badges of fraud or otherwise.' Bump on Fraudulent Conv. Secs.…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
— At common law there was no obligation to put upon record a conveyance affecting the title to land. It was valid without registration. Clark v. White, 12 Peters, 178. The object of registration laws is to impart information to parties dealing with property respecting its transfer and incumbrances, and thus protect them from prior secret convejrances and liens. Patterson v. De La Ronde, 8 Wall. 292. Registration is not to protect creditors, unless specifically provided for in the law. That the. registration act of this Territory is not made to protect…
2Cases cited15 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Jones v. CliftonSupreme Court of the United States · 1880
- Clarke v. WhiteSupreme Court of the United States · 1838
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3Cited by4 opinions
- Romero v. SanchezNew Mexico Supreme Court · 1971
- Field v. OteroNew Mexico Supreme Court · 1930
- Fulghum v. MadridNew Mexico Supreme Court · 1927
- Ilfeld v. BacaNew Mexico Supreme Court · 1907