Legal Opinion

Beals ex rel. Walker v. Ares

New Mexico Supreme Court

Decided October 23, 1919No. 2221PublishedCited by 128 opinions

Appeal from tbe District Court, Eddy County, McClure, District Judge. Suit by Trannie L. Beals, formerly Ares, by lier committee, against Paul Ares, to cancel deed, avoid portions of divorce decree and establish her community property rights. Judgment for defendant. Plaintiff appeals. It is the general rule, unless otherwise controlled by statute, that community property will be equally divided between the former spouses upon divorce being granted.

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Appeal from tbe District Court, Eddy County, McClure, District Judge. Suit by Trannie L. Beals, formerly Ares, by lier committee, against Paul Ares, to cancel deed, avoid portions of divorce decree and establish her community property rights. Judgment for defendant. Plaintiff appeals. It is the general rule, unless otherwise controlled by statute, that community property will be equally divided between the former spouses upon divorce being granted. McKay on Community Property, Secs. 411-413-425; Scott v. Scott, 170 S. W. 273; Ballinger on Community Property, Sec. 32-87; Johnson v. Johnson,…

1Opinion of the Court

OPINION OF THE COURT.

ROBERTS, J.

(After stating the facts as above). There is but little, if any, dispute between the parties as to the facts. Some difference does exist as to the value of the community property at the time of the alleged settlement. Appellee put in no evidence as to the value of the property and the dispute arises as to conflicting estimates and values fixed by appellant’s witnesses. The court refused to order a count made of the cattle and horses on the theory that the value of the property was immaterial. That the community property, real and personal, was worth between…

2Cases cited34 opinions

  1. Reynolds v. StocktonSupreme Court of the United States · 1891
  2. Arnett v. ReadeSupreme Court of the United States · 1911
  3. Swayne v. Lone Acre Oil Co.Texas Supreme Court · 1905
  4. Juzan v. ToulminSupreme Court of Alabama · 1846
  5. Van Maren v. JohnsonCalifornia Supreme Court · 1860

29 more not listed; retrieve them via the Exa API.

3Cited by128 opinions

  1. Sims v. SimsNew Mexico Supreme Court · 1996
  2. Phillips v. PhillipsSupreme Court of Louisiana · 1926
  3. Morgan v. Firestone Tire & Rubber Co.Idaho Supreme Court · 1948
  4. Sellman v. HaddockNew Mexico Supreme Court · 1957
  5. Yeo v. TweedyNew Mexico Supreme Court · 1929

123 more not listed; retrieve them via the Exa API.

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