Mings v. Seeing

Citations

• 26 N.M. 425
• 193 P. 497

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chapter 62, Laws 1901, regulating property rights of husband and wife, not having conferred power upon surviving husband to sell community real-estate to pay community debts, no such power exists. P. 428</p> <p>2. Statutes in force in this jurisdiction, regulating property rights of husband and wife, were patterned after the civil law of Spain and Mexico, and the court will look to the civil law for the purpose of interpreting- and expounding the statutes; but the provisions of the civil law on the subject, not incorporated into the statutes, are not in force in this jurisdiction. P. 428</p> <p>On Motion for Rehearing.</p> <p>3.' Plaintiff’s claim, on his appeal from a judgment in his favor foreclosing a mortgage only against certain interests in the realty, that the mortgagor’s children received the benefit of money loaned on the mortgage, and hence were estopped to question its validity, could not be raised, where the proof did not support the plea of estoppel, and where no trial ruling thereon was invoked, and no finding was requested, or any objection taken to a refusal to find thereon. P. 430</p>