Crary v. Dye, 208 U.S. 515 (1908)

Crary v. Dye

No. 103

Argued January 13, 14, 1908
Decided February 24, 1908
208 U.S. 515

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

The views of the territorial courts are very persuasive on this Court as to the construction of local statute

This Court holds, following the construction by the Supreme Court of New Mexico of the statutes of that territory, that there is no authority in New Mexico for the issuing of an alias writ of attachment, and that levying upon property under such a writ gives the court no jurisdiction thereover, and the purchaser acquires no title through sale under such a levy.

One claiming to have been influenced by the declarations or conduct of another in regard to expending money on real estate must, in order to assert estoppel against that person, not only be destitute of knowledge of the true state of the title, but also of any convenient and available means of acquiring knowledge in regard thereto; here, the condition of the title to real property is known to both parties, or both have the same means of ascertaining the truth, there can be no estoppel.

One whose mining property was sold under a void attachment held in this case not to have been estopped from asserting his title to the property as against the vendee from the purchaser at the sheriff’s sale by reason of statements made by him to such vendee prior to the final payment.

Held also in this case that the actions and declarations of the owner of a mining claim sold under a void attachment did not amount to an abandonment of his claim so that he could not reassert his title to the property as against the purchaser at the sale or his vendee.

78 P. 533 affirmed.

The facts are stated in the opinion.