Reade v. de Lea
New Mexico Supreme Court
Appeal from the District Court for Dona Ana County before Frank W. Parker, Associate Justice. The rules of the civil law, as they existed in New Mexico at the time the Territory was ceded to the United States, with reference to community property, still prevail, except in so far as changed or modified by statute. In adopting the community system a state is bound by principles of the civil law and its interpretations. Chavez y.
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Appeal from the District Court for Dona Ana County before Frank W. Parker, Associate Justice. The rules of the civil law, as they existed in New Mexico at the time the Territory was ceded to the United States, with reference to community property, still prevail, except in so far as changed or modified by statute. In adopting the community system a state is bound by principles of the civil law and its interpretations. Chavez y. MeKnight, 1 N. M. 147; Barnett v. Barnett, 9 N. M. 205; Crary v. Field, 9 N. M. 222; Ballinger on Com. Prop., see. 225; Compiled Laws 1897, sec. 2030; Compiled Laws…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J.
(After making the foregoing statement of the facts.)
The case turns upon the effect of the deed from ■Adolpho Lea to Eeade. The appellant contends that it conveyed no title because the wife did not join as required by Section 6 of Chapter 62 of the Laws of 1901, which provides that “neither husband nor wife shall convey, mortgage, incumber or dispose of any real estate or legal or equitable interest therein acquired during coverture byoncrous title unless both join in the execution thereof.” The appellee concedes that the property was acquired during coverture by…
2Cases cited47 opinions
- Patty v. MiddletonTexas Supreme Court · 1891
- Spreckels v. SpreckelsCalifornia Supreme Court · 1897
- Brotton v. LangertWashington Supreme Court · 1890
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Edwards v. BrownTexas Supreme Court · 1887
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3Cited by10 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- In re Seizure of 7 Barrels of WineSupreme Court of Florida · 1920
- Swink v. FingadoNew Mexico Supreme Court · 1993
- Hernandez v. BeckerCourt of Appeals for the Tenth Circuit · 1931
- Field v. OteroNew Mexico Supreme Court · 1930
5 more not listed; retrieve them via the Exa API.