Lukins v. Traylor

Citations

• 22 N.M. 207
• 160 P. 349

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a bona fide attempt has been made to perfect an appeal under the provisions of chapter 77, Laws 1915, and said provisions have been followed, the same will amount to, showing of good cause which will defeat a motion by appellee to docket and affirm the judgment under the provisions of section 4490, Code 1915,. notwithstanding the procedure should have been according to the law prior to the act of 1915, supra.</p> <p>P. 209</p> <p>2. Property acquired by the wife under Desert Land Laws of the United States (Act Cong. March 3, 1877, e. 107, 19 Stat. 377 [U. S. Comp. St. 1913, §§ 4674-4676]), will be conclusively presumed, in favor of an incumbrancer in good faith and for a valuable consideration, to be her separate property.</p> <p>' P. 209</p>