Ilfeld v. De Baca

Citations

• 13 N.M. 32
• 79 P. 723

Syllabus

<p>SYLLABUS.</p> <p>1. Sections 3953 and 3955 of the Compiled Laws of 1897, providing for the registration of instruments in writing-affecting the title to real estate, are not intended to protect creditors of the owners of the property, but to impart information to those dealing with the property respecting its transfers and incumbrances.</p> <p>2. In the absence of actual fraud, and unless made as a cover for future fraud, a deed transferring real estate cannot be attacked by creditors whose debt arose after the transfer was made; it may, however, be attacked by a creditor whose debt existed prior to the conveyance, and if set aside by the prior creditor, then all of the creditors of the debtor, both prior and subsequent, shall pro rate in the fund arising from the sale of the property.</p> <p>3. A wife has a tacit lien or mortgage on the property of her husband to the amount of her dotal property and the separate property which she has acquired by lucrative title and which came into his possession and was used by him during coverture.</p> <p>4. In the event that a deed by a husband to a wife conveying real estate, is set aside, in the absence of actual fraud, she is entitled to have first paid to her from the funds derived from the sale of the property the amount of her dotal property, and the separate property which .she acquired by lucrative title and which came into the possession of her husband and during coverture, and used by him, before the fund is divided among the husband’s creditors.</p>