Worthington v. Tipton
New Mexico Supreme Court
Appeal from District Court, Roosevelt County; Richardson, Judge. Action by H. G. Worthington against Sarah Ann Tip-ton and others. Demurrers to answer overruled, judgment rendered for defendants upon the pleadings, and plaintiff appeals. STATEMENT OP PACTS. This action was brought to foreclose a mortgage on certain land situate in the county of Roosevelt.
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Appeal from District Court, Roosevelt County; Richardson, Judge. Action by H. G. Worthington against Sarah Ann Tip-ton and others. Demurrers to answer overruled, judgment rendered for defendants upon the pleadings, and plaintiff appeals. STATEMENT OP PACTS. This action was brought to foreclose a mortgage on certain land situate in the county of Roosevelt. The complaint was in the usual form, and a copy of the mortgage sought to be foreclosed was attached and made a part thereof. The defendants filed separate answers to the complaint, in which they admit the execution and delivery of the'…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after stating the facts as above). It appears from the pleadings that the mortgage which appellant sought to foreclose in the district court was given upon a homestead entry. The mortgage was executed prior to the date of the final receiver’s receipt and before final proof for patent to said land. As pointed out by the trial court in a memorandum opinion, the question raised, in a general way, is whether or not a mortgage, given to secure moneys loaned lor general .purposes on a homestead entry prior to final proof or final entry of the same, is good and…
2Cases cited4 opinions
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Hafemann v. GrossSupreme Court of the United States · 1905
- Evants v. TaylorNew Mexico Supreme Court · 1913
- Norris v. HealdMontana Supreme Court · 1892
3Cited by4 opinions
- McDonald v. LambertNew Mexico Supreme Court · 1938
- Selway v. DautMontana Supreme Court · 1923
- Santa Fé, S. J. &. N. R. R. v. HelmickNew Mexico Supreme Court · 1932
- Williams v. KempNew Mexico Supreme Court · 1927