Field v. Hudson
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Raynolds, Judge. Action for partition by Mary Lester Field against Clarence A. Hudson. Plaintiff’s motion for judgment after mandate denied, and new commissioners to partition tbe land appointed, her exceptions to a report overruled, and there was a decree for a sale, and plaintiff appeals.
1Opinion
ON REHEARING.
OPINION OF THE COURT.
PARKER, J.
A motion for rehearing in this case has been granted and a rehearing had.
Counsel on rehearing call attention to the fact that the district court held that under section 4385, Code 1915, “when the commissioners reported that the property is so circumstanced that it cannot be partitioned without manifest prejudice to the parties, the language of the statute seems to be mandatory as to the duty of the court to order the property sold. ’ ’ The district court thus held that it had no power to hear any evidence in any form contradicting the- report of the…
2Cases cited3 opinions
- Simmons v. . FoscueSupreme Court of North Carolina · 1879
- Ransom v. HighWest Virginia Supreme Court · 1893
- Basford v. CranfordCourt of Appeals of Maryland · 1915