Corn v. Hyde
New Mexico Supreme Court
Appeal from District Court, Lincoln CountyE. L. Medler, Judge. Action by E. S. Corn against C. Walker Hyde, sheriff, etc., and C. M. Farnsworth. Judgment for plaintiff, and defendants appeal.
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Appeal from District Court, Lincoln CountyE. L. Medler, Judge. Action by E. S. Corn against C. Walker Hyde, sheriff, etc., and C. M. Farnsworth. Judgment for plaintiff, and defendants appeal. When the transcript was filed in the office of the County Clerk of Lincoln County it became a lien upon all the real estate of the judgment debtor in that county. § 3079, Code 1915; 23 Cyc. 1391; R. C. L. Art. 65, p. 634. Whether or not the property involved may some time have been the homestead of Henry M. Corn, it lost its character as such when it was sold to appellee. Art. 2321, Code 1915; 21 Cyc.…
1Opinion of the Court
OPINION OP THE COURT.
MBCHEM, M. C.,
District Judge. E. S. Corn brought this action to restrain Hyde, as sheriff, and Farnsworth, as judgment creditor of Henry M. Corn, from selling certain real estate situated in Lincoln county, under an execution issued out of the district court of Chaves county; E. S. Corn’s claim was that he was a bona fide purchaser of the property, and that, at the time he bought it, it was the homestead of Henry M. Corn.
[1-3] The questions of law presented by this appeal are of first impression as far as reported cases in this court are concerned. They are not novel,…
2Cases cited3 opinions
- Woodward v. Sanger Bros.Court of Appeals for the Fifth Circuit · 1917
- McCammon v. JenkinsSupreme Court of Oklahoma · 1915
- Osage Mercantile Co. v. BlancSupreme Court of Kansas · 1909
3Cited by5 opinions
- Stokes v. New Mexico State Board of EducationNew Mexico Supreme Court · 1951
- In Re JeffersonUnited States Bankruptcy Court, D. New Mexico · 1993
- In re WellsUnited States Bankruptcy Court, D. New Mexico · 1991
- Speartex Grain Co. v. WestNew Mexico Court of Appeals · 1982
- Custer v. BlockNew Mexico Supreme Court · 1938