Corn v. Hyde

Citations

• 26 N.M. 36
• 188 P. 1102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A bona fide purchaser of real estate held as a homestead takes It free of the lien of a judgment against the homestead claimant. P. 39</p> <p>2. Injunction is the proper remedy in behalf of a purchaser of a homestead against a threatened sale of the same upon an execution issued upon a judgment against the former owner. p. 39</p> <p>2. A district court of a county in which land is situated that is exempt from execution sale has jurisdiction of an action broug'ht to prevent a threatened sale of such property by virtue of an execution issued -out of the district court of another county. P. 39</p> <p>4. The fact that a homestead claimant exercised the right of suffrage in another precinct than that in which his homestead is situated, is not conclusive evidence of abandonment of the homestead. p. 40</p> <p>5. “There must be an unequivocal and absolute intention to abandon; and in most cases the inference of abandonment will not be indulged in the absence of the acquisition of a new homestead.” P. 40</p> <p>6. Until the homestead claimant has acquired a new homestead the fact that he moved with his family to another place to engage in business and that he voted in another precinct than that in which his homestead was situated does not evince an unequivocal and absolute intention to abandon his homestead. . P. 40</p> <p>7. The word “hold,” as employed in section 2321, Codification 1915, providing that “husband and wife * * * may hold exempt from sale, or judgment] or order, a family homestead,” etc., construed to mean to keep, to retain, or to preserve exempt from sale, or judgment, or order, and not to measure the character of the occupancy of the homestead. P. 41</p>