Bates v. Childers
New Mexico Supreme Court
Error, from a judgment in favor of plaintiffs, to tire Second Judicial District Court, Socorro County. The facts are stated in the opinion of the court. The court erred in overruling the demurrer to the bill. No lien existed in favor of Smith, as vendor of the mine, upon the facts shown.
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Error, from a judgment in favor of plaintiffs, to tire Second Judicial District Court, Socorro County. The facts are stated in the opinion of the court. The court erred in overruling the demurrer to the bill. No lien existed in favor of Smith, as vendor of the mine, upon the facts shown. It distinctly appears from the agreement of Cooke, accepted by Smith, that the latter accepted it as a substitute for and in novation of the balance of the unpaid purchase money, and not as security therefor. If Smith had brought suit against Cooke for the balance, the special agreement would have been a…
1Opinion of the CourtLong, C. J.
This cause is here on writ of error sued out by Henry D. Bates and George W. Cooke, who are plaintiffs in error. The action was commenced in the court below by. William B. Childers and Thomas F. Conway as complainants, making the plaintiffs in error in this court defendants to the bill of complaint in the court below. The bill of complaint is as follows:
“Territory of New Mexico, Second Judicial District. County of Socorro — ss.
“In the district court of Socorro county, New Mexico, in the Second judicial district.
“To the Honorable William H. Brinker, associate justice of the supreme court of…
2Cases cited19 opinions
- Cannon v. McDanielTexas Supreme Court · 1876
- White, Smith & Baldwin v. DownsTexas Supreme Court · 1874
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Johnston v. GwathmeyCourt of Appeals of Kentucky · 1823
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3Cited by1 opinion
- Bingaman v. CookNew Mexico Supreme Court · 1968