Timm v. White
New Mexico Supreme Court
Appeal from District Court, De Baca County; Brice, Judge. Suit by H. F. Timm and another against John F. White and other. From the judgment, plaintiff and the defendant named appeal. Transcript by stipulation to be used in both appeals. On motion to strike bill of exceptions of appellee.
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
Timm and wife made an oil lease to John F. White. White transferred the lease to Earickson, Await, and Glenn, or to one of them, and it was subsequently transferred to the others by such assignee. Timm and wife brought suit against White to set aside the lease on the ground that it was procured by fraud, and the subsequent assignees were made parties defendant." Upon issue joined the court held that the lease was procured by fraud, and gave judgment against White for $500 damages, but refused to set aside the lease as to the subsequent assignees, Earickson,…
2Cases cited2 opinions
- Palmer v. AllenNew Mexico Supreme Court · 1913
- State v. SmithNew Mexico Supreme Court · 1918
3Cited by1 opinion
- State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1925