Crary v. Field
New Mexico Supreme Court
Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. Under the Spanish and Mexican law, the interest of the wife in the ganancial or community property was not regarded as a part of her estate. This interest was not transformed, by her death, into a legal right. Packard v. Arellanes, 17 Cal. 539; Comp. Laws, sec. 1416; Panaud v. Jones, 1 Cal. 513; Ord v. De La Guerra, 18 Id. 74; Scott v. Ware, 13 Id. 470; Ballinger on Comm.
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Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. Under the Spanish and Mexican law, the interest of the wife in the ganancial or community property was not regarded as a part of her estate. This interest was not transformed, by her death, into a legal right. Packard v. Arellanes, 17 Cal. 539; Comp. Laws, sec. 1416; Panaud v. Jones, 1 Cal. 513; Ord v. De La Guerra, 18 Id. 74; Scott v. Ware, 13 Id. 470; Ballinger on Comm. Prop., secs. 230, 231, 239; Cook v. Norman, 50 Cal. 638. The husband as survivor, especially if vested with the legal title of…
1Opinion of the CourtSmith, C. J.
It is claimed by defendants in error that Miguel Montano, on the fifth day of October, 1862, acquired title, by deed from Jose Serafino Bamirez, Tomas Caveza De Baca and Jose Manuel Gallegos, to a piece of land situated in what is now the City of Albuquerque, he being at that time married to Clara Candelaria (the conveyance offered in evidence to show the acquisition of title is plaintiff’s Exhibit 1); that a presumption of law arises, from the fact of acquisition during coverture, that the land became community property, and upon the death of Miguel Montano’s wife, in April, 1868, title to…
2Cases cited4 opinions
- Hawley v. Crescent City BankSupreme Court of Louisiana · 1874
- Sayers v. Texas Land & Mortgage Co.Texas Supreme Court · 1890
- Rudd v. JohnsonTexas Supreme Court · 1883
- Cook v. NormanCalifornia Supreme Court · 1875