Duncan v. Brown
New Mexico Supreme Court
Appeal from the District Court of McKinley County; Herbert F. Raynolds, District Judge; A deed signed by the wife alone, conveying community property to the husband, was absolutely void under the laws of New Mexico at the,time the deed is alleged to have been made. Elliot v. Piersol, 1 Pet. 338; 7 L. Ed. 169. Husband must join her in the deed. Ehea v. Ebenner,. 1 Pet. 109, 7 L. Ed. 73. Statute required certain manner and form of conveyance.
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Appeal from the District Court of McKinley County; Herbert F. Raynolds, District Judge; A deed signed by the wife alone, conveying community property to the husband, was absolutely void under the laws of New Mexico at the,time the deed is alleged to have been made. Elliot v. Piersol, 1 Pet. 338; 7 L. Ed. 169. Husband must join her in the deed. Ehea v. Ebenner,. 1 Pet. 109, 7 L. Ed. 73. Statute required certain manner and form of conveyance. Edgar v. Baca, 1 N. M. 620. Statute must be strictly complied with. 21 Cyc. 1330-3.. Wife could convey through some third person only. 21 Cyc. 1664. Wife…
1Opinion of the Court
OPINION OP THE COURT.
BOBEBTS, C. J.
We will first discuss the second assignment of error, viz.: that “The court erred in holding as a conclusion of law that the decree of divorce between plaintiff and John D. Heindl determined their rights and was and is res adjudicata and barred plaintiff from any right, title or interest in the property described in the complaint,” for, if this assignment be not well taken, the effect of the quit claim deed and’the right of a-wife to convey real estate directly to her husband become of no importance in. this case. Nor would a determination of the questions…
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