Gildersleeve v. Atkinson
New Mexico Supreme Court
Error, from a judgment in favor of defendant, from the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. For authority for taking depositions for use as evidence in the courts of this territory, see sections 2095 to 2110, inclusive, of Compiled Laws, 1884. By section 10 of the organic act, a portion of the judicial power of the territory is vested in the probate courts. Comp.
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Error, from a judgment in favor of defendant, from the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. For authority for taking depositions for use as evidence in the courts of this territory, see sections 2095 to 2110, inclusive, of Compiled Laws, 1884. By section 10 of the organic act, a portion of the judicial power of the territory is vested in the probate courts. Comp. Laws, p. 49; sec. 1907, Rev. Stat. U. S., p. 70, Comp. Laws. The jurisdiction of such courts are such as may be limited by law. Sec. 1866, Rev. Stat. U. S., p. 62, Comp.…
1Opinion of the CourtSeeds, J.
This was a suit begun before the probate court in and for Santa Fe county, at the September term, 1887, against the administratrix of the estate of H. M. Atkinson, deceased, in which the plaintiff, Gildersleeve, claimed the sum of $10,118.60, as due him from the estate “on account of cash loaned,” to wit, $118.60, “and the sum of $10,000, * * * on account of a balance due your petitioner as a part of the purchase price or consideration of an interest in the Anton Chico grant deeded by your petitioner to said deceased in the early part of the year, 1883.” The administratrix admitted the claim…
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