Bateman v. Gitts
New Mexico Supreme Court
Appeal from District Court, Chaves County. Recovery must in all cases he had on the pleadings and the evidence. Yol. 11, American Digest, Decennial Edition, sec. 248, page 1920; Wheeler v. Foster, 82 111. App. 153; Woodward v. Mitchell, 39 N. E. 437; Fowler v. Cooper, 2 Ky. 58; Shannon v. Pennington, 10 Ky. 814; Clemons v. Helehan, 72 N. W. 270; Toy v. McHugh, 87 N. W. 1059; Satterlund v. Beal, 95 N. W. 518; 23 Cyc. 816; Black v. Early, 106 S. W. 1023; Roden v. Helm, 90 S.…
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Appeal from District Court, Chaves County. Recovery must in all cases he had on the pleadings and the evidence. Yol. 11, American Digest, Decennial Edition, sec. 248, page 1920; Wheeler v. Foster, 82 111. App. 153; Woodward v. Mitchell, 39 N. E. 437; Fowler v. Cooper, 2 Ky. 58; Shannon v. Pennington, 10 Ky. 814; Clemons v. Helehan, 72 N. W. 270; Toy v. McHugh, 87 N. W. 1059; Satterlund v. Beal, 95 N. W. 518; 23 Cyc. 816; Black v. Early, 106 S. W. 1023; Roden v. Helm, 90 S. W. 798; 120 Pac. 307; Schneider v. Patton, 75 S. W. 168; 1 Black on Judgments, (2nd ed.) sec. 41. There is no principle…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
On the 25th day of October, 1909, the District Court of Chaves County, New Mexico, entered a decree in this case by which the appellee was given a first lien on sixteen shares of stock of the American National Bank of Roswell, owned by one Julius J. Gitts; and the inteivenor, the American National Bank of Boswell, was given a lien on said shares of stock, which lien however, was declared to be a second lien to the lien of the First National Bank of Marshall, Minnesota. The decree provided further, as follows:
“But that said lien given to said First National…
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