El Nuevo mexicano., 1916-09-14

titles Of the cases and action taken
follow.
Case No. 1911, Ruth L. King, adj
ministratrix OF estate Of Lewis Fl.
King, deceased, appellant, vs.. A. b.
Stroup, appellee. Lower court af-
armed.
Case No, 1906. R. r. Ship, appellee,
VS.. Ell Paso and Southwestern Co., APP
peliant. Appeal dismissed.
Case No. 1907, W. r. Simon, appel
lee, VS.. FL Paso and Southwestern
Co., appellant. Motion to dismiss APP
peal sustained.
Case No. 1856, r. J. Lukins, appel
liant, VS.. Lucy A. Traylor, ct al, APP
pellee. Judgment Of court below af'
firmed.
The opinions in full are as follows:
King vs. Stroup
No. 1871, Ruth L. King, administra-
trix Of the estate Of Lewis H. King,
deceased, appellant, VS.. A. B. Stroup,
appellee.
This is an appeal from the judg-
ment Of the district court Of Berna-
lilo county approving the final ac-
count of the appellee, Stroup, as adj
ministrator Of the estate of Lewis H.
King, deceased. The controversy
arises by virtue of the fact that APP
pellee paid debts and legacies of the
estate prior to the filing of his first
semi-annual account or report with
the probate court, from the proceeds
Of a life insurance policy payable to
the personal representatives Of the de-
ceased and from certain moneys re-
ceived as renewal premiums on life
insurance. After the payment of these
debts and legacies the appellant was
instrumental in having the letters OF
administration issued to appellee re-
voked and thereupon she was appoint
ed Administrative Of the estate. She
insists that the payments were made
without authority Of law, hence APP
pelIee must pay over to her the to-
tai sum represented by such pay
ments. Neill B. Field and John Ven
able, attorneys for appellant. Mann
and Nicholas, attorneys for appellee.
The Judgment of the trial court is
affirmed.
The syllabus says: Il. Where an
administrators pay debts and legacies
prematurely or without authority Of
law, at the request or by the insist
'ence Of the sole beneficiary Of the es-
tate, the latter is estopped from sub
sequently questioning the legality Of
such payments.
"2. Where ones conduct has led
another to take a position detrimen-
tai to his interest, the former will not
be heard to say that he is not es-
topped because Of his ignorance OF his
legal rights in the first instance. pro-
vided he has full knowledge Of the
Opinion by Parker. j.. Roberts, G..
j., and Hanna, j., concur.
Ship VS.. E. p. & s. w.
Case No. 1906, r r., Ship, appellee.
81 Paso & Southwestern Co, APP
pellant,
The facts are identical with those
In the case OF w. r. Simon VS.. Ell
Paso & Southwestern Company, No.
1907.
The appeal is dismissed.
F. Faircloth, attorney for appellee;
q HIdhhAAn- anu GOWAA MO
chem, attorneys for appellant.
The syllabus says: Il. The decision
Of this case is controlled by the de-
In Simon VS.. FL Paso & South
western Company, No. 1907, Just de-
Opinion by Parker, J., Roberts, c.
T., and Hanna, J., concur.
Simon vs.. {. P. q s. W.
Case No. 1907, W. r. Simon, ap-
VS.. Ell Paso & Southwestern
o., appellant.
Appellee first recovered judgment
appellant in the justice of
court for 5000 and costs. The
Judgment was rendered on October
a. 1914. On December 3, 1914, APP
reliant filed appeal bond in said court
md on January %, 1915, appellee
moved in the district court to dismiss
he appeal on the ground that appel
ant did not perfect its appeal within
en- days after the rendition of the F.,
Judgment. The court dismissed the
ause instead OF Diminishing the ap-
cal. Subsequently the court order .
d that the judgment be corrected
nd made to show that the appeal :
ras dismissed instead Of the appeal {
nd said judgment was entered nunc :
70 tune as of date Of April 6, 1915. \
.ppellee in this court moves to dis 7
liss the appeal on i~urisdictional
'
F. Faircloth, attorney for appellee;
Iawkins & Franklin and Edwin Me-
hem, attorneys for appellant.
The syllabus says: Il. The time
thin which an appeal may be taken
ON a judgment entered nunc pro /
INC as Of a former day. commences \
run from the date Of the entry c
the nunc pro tune judgment and b
1t from the former day. g
"2. Where an appeal in the dist B
ct court, on appeal from a justice a
the peace. first moves to dismiss r
i'd appeal because not taken in time, \