Morris v. Waring
New Mexico Supreme Court
Appeal from District Court, McKinley County; Herbert F. Raynolds, Judge. Action by W. H. Morris against T. A. Waring and Lelia W. Waring. From a judgment for defendants, plaintiff appeals. Property purchased from proceeds of unsecured notes by wife is community property and its status is' not changed because same was paid from separate property.
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Appeal from District Court, McKinley County; Herbert F. Raynolds, Judge. Action by W. H. Morris against T. A. Waring and Lelia W. Waring. From a judgment for defendants, plaintiff appeals. Property purchased from proceeds of unsecured notes by wife is community property and its status is' not changed because same was paid from separate property. Canfield v. Moore, 41 S. W. 718; Heidenheimer v. Mc-Kéen, 63 Tex. 229; Yesler v. Hockstetter, 30 Pac. 398; Joffrion v. Bordelon, 14 La. Ann. 618. Property was separate property of wife. Secs. 2757, 2759, 2762, 2764, 2765, Code 1915; McKay on Comm.…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J.
The plaintiff, appellant here, brought an action against the defendant, T. A. Waring, one of the appellees, to recover the sum of $3,859.07 in the district court of McKinley county, and recovered judgment for the amount. Execution was issued and returned nulla bona. At the time of the incurring of the debt, the 'recovery of the judgment, and the issuance and return of the execution, the said defendant and Lelia W. Waring were husband and wife. When the debt was contracted the defendant T. A. Waring was the owner of certain property in the town site of Gallup.…
2Cases cited9 opinions
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Yesler v. HochstettlerWashington Supreme Court · 1892
- Epperson v. JonesTexas Supreme Court · 1886
- Schuyler v. BroughtonCalifornia Supreme Court · 1886
- Fortier v. BarrySupreme Court of Louisiana · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Laughlin v. LaughlinNew Mexico Supreme Court · 1944
- Soto v. VandeventerNew Mexico Supreme Court · 1952
- Conley v. QuinnNew Mexico Supreme Court · 1959
- Roberts v. RobertsNew Mexico Supreme Court · 1931
- Hickson v. HerrmannNew Mexico Supreme Court · 1967
5 more not listed; retrieve them via the Exa API.