Neher v. Crawford

Citations

• 10 N.M. 725
• 10 Gild. 725

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appellate Practice — Final Judgment. — A decree allowing con-pensation to a master and his attorney, and in default of payment being made, ordering the sale of property, thereby creating a fund out of which they are to be paid, is a final judgment or decision within the meaning of our statute, and can be appealed from.</p> <p>2. Special Master — No Compensation, When. — A master who incurs expenses by having drawn up a notice óf sale, etc., before the time limited for the redemption of property has expired, does so at his own risk, and can not recover back such expenses, if the mechanics’ liens for which the sale was to be made, are paid, before the expiration of the time limited for redemption.</p> <p>3. Sale Under Decree — Publication-—Redemption.—The advertisement of a sale of property under a decree, can be published during the time limited for redemption, and if the sale is not made until after the time so limited for redemption has expired, such sale is legal and valid.</p> <p>4. Special Master — Expenses Not Paid, When. — Unnecessary expenses incurred by a master will not be taxed as costs.</p> <p>5. Appellate Practice — What Questions Not Considered. — This court will not consider on appeal, any matters contained in a decree, which are not appealed from.</p>