Chavez v. Myers
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before J. W. Crump acker, Associate Justice. One cannot take a benefit under an instrument and then repudiate the instrument. Peters v. Bain, 133 U. S. 695. If the creditor has no right to resort to the property to satisfy his claim, then the transfer cannot he deemed fraudulent. Beach, Mod.
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Appeal from the district court of Bernalillo county, before J. W. Crump acker, Associate Justice. One cannot take a benefit under an instrument and then repudiate the instrument. Peters v. Bain, 133 U. S. 695. If the creditor has no right to resort to the property to satisfy his claim, then the transfer cannot he deemed fraudulent. Beach, Mod. Eq., 895. And a transfer of property in which the debtor has no beneficial interest cannot be fraudulent as to his creditors. 14 Am. and Eng. Ency. (2 Ed.), p. 255. Transfers of property exempt from execution are not fraudulent as to creditors. Smillie…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
In deciding this case we cannot go outside of tbe issues made by tbe pleadings. Tbe pleadings are confined to a bill and answer, and tbe issue as framed in the court below, and wbicb was tried, was simply whether or not Nieves Sarracino', one of tbe defendants below, bad conveyed certain real property, without any consideration, to tbe appellant herein, Me-liton Chavez, for tbe use of Piedad Armijo de Baca, said conveyance being made with tbe fraudulent intent of preventing certain judgment creditors of said Piedad Armijo de Baca and her husband, from levying…
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