Bent v. Miranda
New Mexico Supreme Court
Appeal, from a decree dismissing complainant’s bill, from the Fourth Judicial District Court, Colfax County. The facts are stated in the opinion of the court. The first decree in partition, ascertaining the moieties and directing a partition, is only an interlocutory decree. Freem. on Coten. &Par., see. 516; 17 Am. and Eng. Ency. of Law, 749-751. See, also, 1 Freem. on Judg. [2 Ed.], sec. 32; 5 Am. and Eng. Ency. of Law, 371, 373; 17 Id. 750; Williams v. Field, 60 Am.
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Appeal, from a decree dismissing complainant’s bill, from the Fourth Judicial District Court, Colfax County. The facts are stated in the opinion of the court. The first decree in partition, ascertaining the moieties and directing a partition, is only an interlocutory decree. Freem. on Coten. &Par., see. 516; 17 Am. and Eng. Ency. of Law, 749-751. See, also, 1 Freem. on Judg. [2 Ed.], sec. 32; 5 Am. and Eng. Ency. of Law, 371, 373; 17 Id. 750; Williams v. Field, 60 Am. Dec. 428-434. Such a decree, as this was, is not final, and can not be appealed from. Freem. on Judg. [2 Ed.], secs. 29-34;…
1Opinion of the CourtCollier, J.
For a full statement of the bill in this case, which is very lengthy, reference is made to the case of Bent v. Railway Co., 3 N. M. 227. The Maxwell company answered, denying all allegations of fact made in the bill, except what appears of record, that the decree of September, 1866, was erroneous and void; or that the decree of June, 1865, vested in the Bent heirs a legal estate; but avers it was merely interlocutory. It avers the fairness of the- alleged compromise agreement, and that the price paid was a liberal one, and denies all fraud, imposition, or error as charged. The testimony…
2Cases cited14 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Thompson v. MaxwellSupreme Court of the United States · 1877
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3Cited by2 opinions
- Haden v. EavesNew Mexico Supreme Court · 1950
- Haden v. EavesNew Mexico Supreme Court · 1950