Chaves v. Myer
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. To malee the assignment of a mortgage good at law, there must be a formal instrument, conveying the legal title. 1 Jones on Mortg.
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Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. To malee the assignment of a mortgage good at law, there must be a formal instrument, conveying the legal title. 1 Jones on Mortg. Sec. 787; Sanders v. Oassady, 5 Southern Rep. 503; Adams v. Parker, 12 Gray 53; Warden v. Adams, 15 Mass. 233. An equitable assignment of a mortgage may be made by a sale of it, without either a formal transfer of the mortgagees interest in the property or an indorsement of note. 1, Jones on Mortg. Sec. 813; Pearson v. Warren, 29 Mich. 9; Carter v. Taylor, 4 Tenn. (3…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J.
— This is a suit brought by the appellees, Elias Chaves and wife, alleging in their complaint substantially, as follows: That on November 17, 1902, plaintiffs recovered a judgment in the district court of Bernalillo county against the defendant Myer individually and as administrator of the estate of Bafael Armijo deceased for the sum of twenty-two hundred and seven and 58-100 dollars, upon which judgment on November 28, 1902, execution was issued with return of nulla bona dated January 27, 1903. A certified cop}^ of the judgment is attached to the complaint. The…
2Cases cited1 opinion
- Oliver v. PiattSupreme Court of the United States · 1845
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