Field v. Hudson

New Mexico Supreme Court

Field v. Hudson

140 P. 1118, 19 N.M. 89

CourtNew Mexico Supreme Court

DecidedMay 4, 1914

DocketNo. 1651

StatusPublished

Cited by4 cases

This text of 140 P. 1118 (Field v. Hudson) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Field v. Hudson, 140 P. 1118, 19 N.M. 89 (N.M. 1914).

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Opinion

OPINION.

MECPIEM, District Judge.

It is within the power of a court of equity to decree “owelty of partition” where the property is incapable of exact or fair division. Pomeroy Equity Jur. Sec. 1389; Bispham’s Principles of Equity, Sec. 492; Sawin vs. Osborn, 87 Kans. 828; 126 Pac. 1074, Ann. Cas. 1914 A.

1 In this case there being no appreciable difference in the value of the two lots, the doctrine of owelty of partition has no application. The peculiar value of lot 13 to the plaintiff, did not render that lot intrinsically more valuable than lot -14.

For this court to reverse the judgment of the lower court in part and affirm it in part, so as to give it the effect and force of a judgment of partition in kind, would be equivalent to this court rendering a judgment making partition directly, without the intervention of the statutory commissioners.

The judgment of the lower court is reversed.

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OPINION.

MECPIEM, District Judge.

It is within the power of a court of equity to decree “owelty of partition” where the property is incapable of exact or fair division. Pomeroy Equity Jur. Sec. 1389; Bispham’s Principles of Equity, Sec. 492; Sawin vs. Osborn, 87 Kans. 828; 126 Pac. 1074, Ann. Cas. 1914 A.

1 In this case there being no appreciable difference in the value of the two lots, the doctrine of owelty of partition has no application. The peculiar value of lot 13 to the plaintiff, did not render that lot intrinsically more valuable than lot -14.

For this court to reverse the judgment of the lower court in part and affirm it in part, so as to give it the effect and force of a judgment of partition in kind, would be equivalent to this court rendering a judgment making partition directly, without the intervention of the statutory commissioners.

The judgment of the lower court is reversed.

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Bluebook (online)

140 P. 1118, 19 N.M. 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/field-v-hudson-nm-1914.

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