Ilfeld v. Baca
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Benjamin II. Baker, Associate Justice. Affirmed. Burden' is on wife to show that a valuable and adequate consideration out of her seperate estate actually passed from her to her husband for land conveyed to her by him, where pre-existing creditor brings action to impeach conveyance for fraud. Bump on Fraudulent Conv., 4th Ed..
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Appeal from the District Court for Bernalillo County, before Benjamin II. Baker, Associate Justice. Affirmed. Burden' is on wife to show that a valuable and adequate consideration out of her seperate estate actually passed from her to her husband for land conveyed to her by him, where pre-existing creditor brings action to impeach conveyance for fraud. Bump on Fraudulent Conv., 4th Ed.. Sees. 49, 50, 57, 63, 66, 249, 265, 288 and cases cited; First National Bank v. McClellan, 58 Pac. (N. M.) 349 and cases cited; Seitz v. Mitchell, 94 H. S. 580; Horton v. Dewey, 53 Wis. 413, 10 N. W. Rep. 599;…
1Opinion of the Court
OPINION OF THE COURT-(ON REHEARING.)
MANN, J.
Upon the former hearing of this casc-an opinion was rendered, which a careful re-examination convinces us was erroneous.
1 The court was led into these errors by a misconception of the pleadings in the case as they appear in the record before us. It is there said (Ilfeld v. De Baca, 79 Pac. 723) "The only fraud set up in the complaint is that the-property described in the deeds was conveyed for an inadequate consideration.” Whereas, in fact the fraud set up-in the complaint was that said deeds were wholly without consideration and were made and…
2Cases cited2 opinions
- Ilfeld v. De BacaNew Mexico Supreme Court · 1905
- Hinchman v. Parlin & Orendorff Co.Court of Appeals for the Fifth Circuit · 1896
3Cited by4 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Romero v. SanchezNew Mexico Supreme Court · 1971
- Field v. OteroNew Mexico Supreme Court · 1930
- Field v. Otero Et Ux.New Mexico Supreme Court · 1927