Territory ex rel. Gildersleeve v. Perea
New Mexico Supreme Court
Error, from a judgment in favor of defendant, to the Second Judicial District Court, Bernalillo county. The facts are stated in the opinion of the court.
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Error, from a judgment in favor of defendant, to the Second Judicial District Court, Bernalillo county. The facts are stated in the opinion of the court. Section 2885, Compiled Laws, 1884, expressly provides that “the certificate of sale shall be assignable by indorsement,” and the court erred in holding that the indorsement in blank and delivery of the certificate to the relator, by Moore in his lifetime, was, under the admitted circumstances, ineffectual to transfer the same to relator. At common law a chose in action, such as a certificate of sale, was not assignable. Mandeville v. Welch,…
1Opinion of the CourtMcFie, J.
On the first day of December, 1890, the petitioner, Charles H. Grildersleeve, filed his petition for a writ of mandamus, alleging, in substance, that one Santiago Baca, then sheriff and ex officio collector of said Bernalillo county, did on the first day of March, 1886, sell certain real estate, described as the Espiritu Santo Spring land grant, “for the taxes, interest, and costs due thereon for year 1885; that W. S. Moore became the purchaser, and that certificate of purchase was issued and delivered to said Moore by said sheriff; that on the twenty-fifth day of June, A. D. 1888, said…
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