Jones v. Springer, 226 U.S. 148 (1912)

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Jones v. Springer

No. 23

Argued October 3, November 4, 1912
Decided December 2, 1912
226 U.S. 148

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

A bona fide purchaser for value of perishable property held under attachment at a sale made by order of the local court gets a good title notwithstanding bankruptcy proceedings had been instituted within four months after the attachment and had proceeded to adjudication before the sale.

An order to sell attached property on the ground that it is perishable is not one to enforce the lien of the attachment, but one incidental to the preservation of the property, and the court having the custody has the jurisdiction to sell.

A proceeding to sell perishable property is one in rem, and the purchaser gets title against all the world.

A local court having the custody under attachment of perishable goods may order a sale if necessary to protect, and it is not necessary that such sale be made under General Order XVIII, 3, in order to validate it.

An order for sale of perishable property held under attachment, made by the local court within the terms of the local act, will not be set aside by this Court.

Even if the local statute permitting sales of perishable property held in custodia legis be broader than General Order XVIII, 3, this Court will not for that reason only set aside a sale made by the local court if within the terms of the local act.

As to whether property is perishable or not, this Court will follow the rulings of a territorial court in the absence of a strong reason to the contrary.

15 N.M. 98 affirmed.

The facts are stated in the opinion.