Jones v. Springer

Citations

• 15 N.M. 98
• 103 P. 265

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A purchaser of property sold under Section 2716, C. L., who was a bona fide purchaser for value, without notice, has a perfect title to such property.</p> <p>2. Where .a state or Territorial Court sells attached property, as perishable or liable to be lost or diminished in value during the pendency of bankrupt proceedings against the attachment creditor, of which neither the court, the officer making the sale, or the purchaser had any notice until after the sale was confirmed, the trustee in bankruptcy must take the proceeds of such sale in lieu of the property so sold.</p> <p>3. A bona fide purchaser for value at such sale is specifically protected by the proviso following Section 67, of the Bankruptcy Act of 1898, (Stat. L. 565.)</p>