Turknett v. Western College of the New Mexico Conference of the Methodist Episcopal Church

Citations

• 19 N.M. 572

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A judgment was obtained upon a subscription contract for the support of a college, the consideration of said contract being the maintenance of said college at the place designated for the period of twenty years. Subsequent to judgment, and affirmance of the same in this court, the college authorities allowed a mortgage to be foreclosed upon the property, ■quit-claimed its equity of redemption in the same, abandoned the enterprise, and became insolvent. Held, the defendant is entitled to relief in this court against the enforcement of the judgment.</p> <p>P. 574</p> <p>2. While this court refuses to hold that the ancient writ ■of Audita Querela is not still available in this jurisdiction, the t better practice is held to be an application to the court by motion for the relief required.</p> <p>P. 574</p>