Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-11-13
COURT AFF|RMS
CASES THAT HAVE
LONG HUNG FIRE
Litigation That Went Up From
New Mexico in Territorial
Days Finally decided by
Supreme Tribunal,

Santa Re, Nov. l2.--Thc United
states supreme court has affirmed
two Important cases In litigation, sew
en- aud thirteen years respectively.
that went up to II from the territorial
supreme court one IL that Of the
First National bank of Albuquerque,
appellee. VS.. J. H. llaNcrlSampf. j. A..
Miller, trustee In bankruptcy, appel
liant, and involved "A Judgment for
S7,Iit.2G In favor OF the bunk. to-
gcthcr with S7ii.f5 of attorneys fees.
The opinion IN the territorial su.
preine court sustained was written by
Judge John X. Mclfic and the case
was originally tried before Judge Ira
A. Abbott at Albuquerque. The suit
WAS over note for $4,000 given IN
1905 20 the bank, secured by mort
gage not recorded until 1907. II was
alleged that part OF the property COW
cred by the mortgage was fraudu-
lently transferred by Haverkampf TO
a man named Kyle. The bank pray
ed for Judgment for the amount still
due, for foreclosure OF the mortgage
and the appointment of receiver.
Havcrkampf went into bankruptcy
and Miller was appointed trustee.
There was no denial of the indebt-
whether the trial court erred In It's
decree awarding the bank a prior lieu
by virtue of the mortgage indebted
ness. The decision of the United
States supreme court was per curlam.
the decree being affirmed with cos.s
upon the authority of Thompson VS.
Fairbanks 1876 4. s.. SIG: Humphrey
W. Tatman, 1873 L. s.. 81: Bryant ".
Swofford Bros, ga u. s.. 279, 2s0-
29t: aud cause remanded to the state
supreme court of New Mexico.
Territory IS. Mills.
The other case was that OF the ter
ritory OF New Mexico, appellee. VS..
Melvin W. Mills of Springer, and was
tried before Judge John II. Merle at
santa Fe, while the supreme court
opinion sustaining Judge Merle was
by the then associate justice and now
chief justice, Clarence J. Roberts. The
judgment against Nj Ills was for
S5,S3426. The case was a most in
teresting one and arose from the fail-
ure of the Taos County bank. The
territory Instituted suit for S4,304.S6
and interest for deposits In the bank
The bank and Juan Santsitevan
one of the two sureties. the other be-
ing defendant. Mills. Gefaulted and
joint judgment was rendered against
them in 1903 that is eleven years
ago, for $4.367.92. Mills appealed
and the lower court was reversed and
The case remanded. on second trial
Mills set up AS his sole defense tnat
the territory had deposited with the
bank greater sum than $4,000. to-
wit: $1,000. without the consent or
knowledge of Mills, thus increasing
his RISK.
The lower court ruled against this
contention and gave Judgment Tor
s5,8s4.a6. The territorial supreme
court and now the United States SUI
preme court sustains this judgment,
the decree being affirmed with costs
end the cause remanded to the SUI
preme court of the state of New Mex
leo. Treat vs. Grand Canyon r. r.,
222 L. S. AS, 452; Straus vs.. Fox
worth, 231 u. 8. 1862, f6g-170;
Phoenix Ry. Co. VS.. Lands, 23f I. :.
SIS, 579-5S0; Works VS.. United Globe
Mines, 231 L.. S. 595, SEQ: Arizona
VS.. Copper Queen Mining Co, 233 u.
s. 81 1894