Ross v. Lewis
New Mexico Supreme Court
Appeal from District Court, Socorro County, Mechem, Judge. Action by R! C. Ross and P. A. Marcelino, as trustees for R. C. Ross and another, against Robert A. Lewis and another. Judgment for defendants, and plaintiffs appeal. STATEMENT OF FACTS. This is an action for conversion.
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Appeal from District Court, Socorro County, Mechem, Judge. Action by R! C. Ross and P. A. Marcelino, as trustees for R. C. Ross and another, against Robert A. Lewis and another. Judgment for defendants, and plaintiffs appeal. STATEMENT OF FACTS. This is an action for conversion. The facts upon which the alleged conversion is predicated are, briefly, these: One B. R. Lewis, it is alleged, executed a bill of sale for two horses to the appellants to secure Ross and Hammond as sureties for said Lewis on a certain promissory note for $250, which said Lewis, Ross, and Hammond had executed in favor…
1Opinion of the Court
OPINION OF THE COURT.4
HANNA, C. J.
(after stating the facts as above).— It is contended by appellants that it is not necessary, under section 2278, Code 1915, for the holder of a lien on personal property to present his claim of lien to the probate court in order to preserve his lien on the property -of the deceased debtor; that for this reason the rule of this court announced in the case of Buss v. Dye, 21 N. M. 146, 153 Pac. 74, that all- claims against the estate of deceased persons not filed in the probate court; and notice given as provided by law, within one year from the date of the…
2Cases cited4 opinions
- Buss v. DyeNew Mexico Supreme Court · 1915
- Merz v. CroxenSupreme Court of Minnesota · 1907
- Reid v. SullivanSupreme Court of Colorado · 1895
- Fernald v. ChaseSupreme Judicial Court of Maine · 1853
3Cited by14 opinions
- Taylor v. McBeeNew Mexico Court of Appeals · 1967
- Lucus v. RuckmanNew Mexico Supreme Court · 1955
- Allstate Insurance v. JensenNew Mexico Supreme Court · 1990
- Bowman v. ButlerNew Mexico Court of Appeals · 1982
- Fidelity & Deposit Co. v. HobbsCourt of Appeals for the Tenth Circuit · 1944
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