Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-02-23

Harlow. an agent of Kansas City. Ev-
entually he traded his $50 acres of
Roosevelt for house and lot in |
Kansas City and after deeds We're ex-
changed he found that he had been
defrauded and that the property in
Kansas City was not as had been rep |
resented. This suit is the result there
of for cancellation, and judgment was
rendered for plaintiff. Judgment of
the lower court affirmed. Opinionjby |
Roberts. c. j., Justices Hanna x Par
ker, concur:
~ Syllabus.
T.. Where u party procurcs a con-
Veyance Of real estate TO be made to
him by means of false and fraudu-
lent representation, of which act the
original vendor has no notice, and
thereafter conveys, such real estate TO
a third party who withholds such
deed from registration and recordo-
ton until after suit is filed to cancel
such conveyance to his vendor, and
notice of LIS PENDENS is filed, such
purchaser, under section 426l. Code
1915, is a purchaser PENDEN TIE
Lite. Hat
2. Misrepresentation as to the To-
cation of real estate, whether made
innocently or with fraudulent intent,
entitle a person acquiring the land
relying upon the statements to re-
scind the transaction and recover the.
amount paid by him on the purchase
price.
3. A wilful Misrepresentation by
vendor, affirming that the rental
value of the property sought to be
exchanged or sold was greater tnan
in truth it was, where the truth in
regard to such representation was UNI
known to the purchaser and where,
under the circumstances he was JUS
titled in relying upon such represen-
tation. constitutes actionable fraud.
statements of Facts.
This is an appeal from Judgment
of the district court Of Grant county
sentencing appellant to serve a term
in the state penitentiary which said
Judgment was based upon the verdict
of jury finding appellant guilty OF
the larceny of bay mare, the prop
erty of one Edward Dickinson. Judg-
ment of lower court affirmed opinion
by Roberts c. j., Justices Hanna and
Parker concur
syllabus.
While under the statute, it is the
duty of the court to instruct the jury
in writing. unless written instructions
are waived by both parties. entered
on the record, yet whereas party rams
to object to the action Of the court
in nstructing the jury orally until
after verdict by the jury, his obJee-
| ton comes too late.
Appellant was convicted of a vio-
lation of that part OF section 1O2 {.
IL. 1897. which is as follows ut shall
not be lawful for any person In TINS
| territory to pasture any kind of the
lesser animals, such as milch goats
and sheep, sheep for sale, etc, in any
! quantity whatever near the settle
ments or cultivated lands either pup
! lie or individual, of any person or
persons except at distance Of two
miles from all cultivated lands and
settlements. Any person or persons
! who shall violate the provisions OF
this act may be accused before any
Justice of the peace, and upon con-
viction thereof shall be fined in a
sum not exceeding ten dollars judy
ment of the lower court affirmed
Opinion by Mechem, district Judse'
chief Justice Roberts and Justice
Parker, concur
syllabus.
|. Section 102 c. l.. 1897. held not
TO be repealed by later acts of the
/ Legislature.
>. Section 1O2 c. L. 1897, held to
be valid exercise of the police power
8. Section 102, c. L. 1897, held 10
include sheep kept for breeding.
Bruton vs.. Sakariason.
The appellee sued appellants for
damages for the alleged conversion OF
1852 head of sheep of the stated value
Of $500 per head. Upon a trlai pc
fore the court, a jury having been
waived. the facts were found in ia
vor of the plaintiff and judgment was
entered the defendants in the sum OF
S2,322.00. From this judgment de-
PENDANTS appeal. Judgment OF the
lower court affirmed as to John H.
and f. A. Sakariason, and as to inc
/. estate of Oleson NJ Sakariason, inc
judgment of the court below Is re-
versed with instructions to award the
administrator n new trial. OPINION
by Roberts. c. j.. Justices Hanna ana
Parker concur.
Syllabus.
l. A was employed by Il to care
for and manage his sheep, which
were grazed upon the open range
: During the time that he was SO en-
. ployed. A fcloniously steals ana Y,
into BIS herd the sheep OF alothe''