Heisch v. J. L. Bell & Co.

Citations

• 11 N.M. 523
• 70 P. 572

Syllabus

<p>SYLLABUS.</p> <p>1. A hill of sale given by a debtor to a creditor, upon personal ■property of which there is a change of possession, is valid between the parties, whether the same is acknowledged and recorded or not.</p> <p>2. In such case, if the property covered by the bill of sale is •the 'exempt property of the debtor, such bill of sale is valid as against third parties also.</p> <p>3. Such sale is not in fraud of creditors, as a debtor may dispose of his exempt property at will.</p> <p>4. Where appellant insists in the court below that a bill of sale is a mortgage and damages are assessed by the court upon that •basis; appellant will not be heard to complain of the measure of -damages correctly assessed according to appellant’s contention.</p> <p>5. Where the undisputed facts show' that the defendants can not recover, and the court would be compelled to set aside a verdict -in favor of the defendants, it is not error for the court to direct a verdict for plaintiff.</p>