First National Bank v. McClellan

Citations

• 9 N.M. 636
• 9 Gild. 636

Syllabus

<p>SYLLABUS by the court.</p> <p>Reference — Findings of Master — Presumption — Advancement by Wife to Husband Without Promise to Repay — Subsequent Conveyance to Wife — Consideration—Burden of Proof — Weight of Evidence — Credibility of Witnesses — Error — Renewal Note-Fraudulent Transfer of Property. — 1. An order of reference to a master directing him to take the proofs and report the same to the court, with his conclusions thereon, and the master acting thereunder makes findings of fact and conclusions of law, and no objection is made either to the order or the action of the master thereunder in assuming to make such findings, it will be presumed that the master acted within the scope of his authority and with the consent of the parties.</p> <p>2. Where a wife advances money to her husband without any promise to repay the same or under such circumstances as not to create the relation of debtor and creditor at the time, such advancement is no consideration for a subsequent conveyance to her.</p> <p>Where a husband makes a gift to his wife, as against his creditors-at at the time, it devolves upon the wife to show that his remaining estate was ample to satisfy their demands.</p> <p>3. Where a husband conveys all of his estate to his wife’s mother who thereupon shortly conveys the same to the wife, the burden of proof in a contest between her and her husband’s creditors, is upon the wife to show that the conveyance was for a valuable and adequate consideration’Without fraudulent intent on the part of the husband or participation therein by herself and mother.</p> <p>4. Where the cause is ref erred to a master with the consent of the parties to find the facts and draw conclusions therefrom, and the master passes upon the weight of conflicting evidence and the credibility of witnesses, and where there is evidence to support his findings and they can not be said to be manifestly wrong, his findings of fact are to be treated as unassailable, and it is error in the cour