Report Of Cases Determined In The Supreme Court And Court Of Appeals Of The State Of New Mexico PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...C. J.--The very able opinion filed in this case by BELL, J., before whom the proceedings were had, is adopted by us as the law of the case, and for the reasons set forth in said opinion, the judgment and decree of the lower court should be aflirmed, and it is so ordered. WILSON, J., concurred. orrmou or THE LOWER COURT m ABOVE CAUSE. BELL, J.--This is a bill in equity, brought to set aside a conveyance heretofore made by the defendant, John W. Randall and his wife, to the defendant, John Randall, on the ground that the same was fraudulent and void, as to this and the other creditors of the said John W. Randall. It appears from the bill that the complainant had, prior to the commencement of this suit, brought his action at law against the said John W. Randall, to recover an alleged indebtedness amounting to about $1,700. In his action at law the plaintiff therein and complainant here had sued out a writ of attachment and endeavored thereunder to levy upon the real property of the said John W. Randall, but failed because of the conveyance aforesaid, by which the legal title to the property had passed to the defendant, John Randall. Upon the filing of this bill the court granted to the complainant a preliminary injunction restraining the defendants from further conveyance of the property until the final hearing and determination. The injunction granted was accompanied by an order upon the defendants to show cause why the same should not be continued. The case now comes up for hearing upon that order. The only question presented by the bill is whether the complainant has the necessary standing in court to entitle him to the relief prayed for. Courts of equity have invariably intervened when applied to by creditors who have.established their...