Worthington v. Tipton

Citations

• 24 N.M. 89
• 172 P. 1048

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A person, having an inchoate interest in public lands may mortgage the same, even though the statute under which he claims prohibits an “alienation” of his rights, for such a prohibition refers only to attempted conveyances of title and not to mortgages.</p> <p>P. 92</p> <p>2. In a suit to foreclose a mortgage, wherein the. answers raised only the question that it was executed and delivered prior to final proof by the mortgagor and to the delivery of a patent to her, demurrers' on the ground that the answer did not state facts sufficient to constitute any defense were sufficient as against the objection that they did not sufficiently specify the objection to the answers.</p> <p>P. 91</p>