Delgado y Ortiz v. First National Bank

Citations

• 12 N.M. 519

Syllabus

<p>SYLLABUS.</p> <p>1. This court will not interfere with tbe findings of fact of tbe trial court where there is sufficient evidence to support such findings.</p> <p>2. In order to avail himself of the defense of res judicata in a suit in equity the defendant should plead and prove facts sufficient to establish a former adjudication of the issue by judgment decree or final order of a court of competent jurisdiction.</p> <p>3. A verdict of a jury upon the issues raised by an attachment affidavit alleging, among other things, that the defendant has fraudently concealed and disposed of his property and effects so as to defraud, hinder and delay his creditors, and an answer denying the same, is not res judicata of a suit in equity brought by another party to set aside a deed given by the attachment debtor upon the ground of fraud, even though the plaintiff in the suit in equity had an attachment suit pending against the same parties for the same cause at the time the verdict was rendered.</p>