Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-09-03
'us incohate rights in the community

4 Now, in my opinion, gentlemen,
may be wrong in this. Lawyers may
differ with me. but in my opinion.
| in 1901. there was passed a remark
! able act. an act that seemingly set.
tiled and adjusted the community
rights of the husband and wife and
the heirs and the creditors and yet
in reality In my opinion wiped out,
annihilAted and destroyed the eom>
munity properly law of New Mexico.
A cnrsory reading Of this act would
indicate that. II we take section 2,
for instance, il says:
"The words lucrative title as usea
IN this act, shall be construed to
mean. all property acquired prior to
marriage; all property acquired dur
ing marriage by gift, donation, be
quest, devise or descent, including
the fund derived from the sale of
such property, and including the.
property acquired by exchange or mu-
tations thereof as well MS that of The
property acquired before marriage, 50
long as the fund or property acquir-
ed by exchange or mutations can be
clearly and distinctly traced The
words onerons title shall be construed
to mean all property acquired during
marriage other than that acquired
during marriage by lucrative title
Now, there is a careful statement
of the distinction between tile i've
kinds of property, both being the
kinds Of property into which all
classes Of property fell under the
Spanish community law, supposedly
so, and again, in section six, we find
the following:
Neither husband nor wife shall
convey, mortgage. incumber or dis
pose Of, any real estate, Or legal or
equitable interest therein acquired
during coverture by onerous title, un,
less both join in the execution there,
Of"
Now, what I have read, seems TO !
indicate that the author Of this law
had intended that the Spanish com
munity law substantially should be
fixed and settled as the law of this
territory, but strangely, as II occurs
to me, he starts out in sections. o.
the act | have been reading BY say.
ing:
"All properly acquired In any man
ner by either husband or wife, before
or during marriage shall be his or
her separate estate, and shall be liable
for his or her separate legal con
tracts, debts and torts.'
Now, that states law that is alb
solutely opposed to the Spanish com
munity law. As ! read to you in the
first part Of my remarks: Separate
is the counterpart OF com
munity property into one or the 9th.
er Of these classes will fall all the
of married persons" And
speaking roughly, we say, separate
Is that which comes to the
or wife outside of the gains
Of the community, and community
Is that property which comes
to them by the gains Of the commun- !,
lty. But, this section | have read.
section No. !, says: "All property ac-
luired In any manner by either hus-
band Or wife, before or during mar
Rage, shall be his or her separate
estate. and shall be liable tor his or
her separate legal contracts, debts
and torts.' Not only saying that all
Of every kind whatsoever &C.
luired before or during marriage shall
be the separate property of each
spouse, but goes further than that,
Ind says: that This separate property
shall be liahle for the separate debts.
contracts ard torts Of the separate
person possessing this separate
which is Of course entirely
and absolutely different from the pow.
ers vested nj the spouses according
10 the Spanish community law. And
not only that gentlemen but in soc.
ton 4, Il provides:
Neither husband nor wife shall be
liable upon any contract unless he Or
she Il party thereto; except such
contracts as may he made BY either
or wife for nocessaries ac-
tually furnished the wife, husband, or
their family; III which case, each shah
be liable for such necessaries."
Now. according 10 that provision.
outside of contracts for necessaries.
each spouse has his separate proper,
" alone liable for the separate debts
of the person possessing u. and IN
no way liable for the debts of the
other. leaving out debts for necessar,
len, so that under this law as II ap.
n