Crary v. Dye

Citations

• 208 U.S. 515
• 28 S. Ct. 360
• 52 L. Ed. 595
• 1908 U.S. LEXIS 1462

Syllabus

<p>The views of the territorial courts are very persuasive on this court as to the construction of local statutes.</p> <p>This court holds, following the construction by the Supreme Court of New Mexico of the statutes of that Territory, that there is no authority in New Mexico for the issuing of an. alias writ of attachment, and that levy- . ing upon property under such a writ gives the court no jurisdiction there-over, and the purchaser, acquires no title through sale under such a levy.</p> <p>One claiming to .have been influenced by the declarations or conduct of another in regard to expending money on real estate must, in order to' assert estoppel against that person, not only be destitute, of knowledge of the true state of the title,-but also of any cqnvenient and available means of acquiring knowledge in regard thereto; where the condition of the title to real property is known to both parties, or both have the same means of ascertaining'the truth, there'can be no estoppel.</p> <p>One whose mining property was sold under a void attachment held in this case not to have been estopped from asserting his title to the property as against‘the vendee from the purchaser at the sheriff’s sale by reason of statements made by him to such vendee prior to the final payment.</p> <p>Held also in this case that the actions and declarations of the owner of a mining claim sold under a void attachment did not amount to an abandonment of his claim so that he could not reassert his title to the property as against the purchaser at the sale or his vendee.</p>