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JONES v. ROWLAND

No. 8108 Civ.

324 F.Supp. 494 (1971)

Oscar JONES, Trustee, Plaintiff, v. Nellie Elizabeth ROWLAND, Defendant.

United States District Court, D. New Mexico.

February 5, 1971.

Attorney(s) appearing for the Case

Hinkle, Bondurant & Christy, Paul Kelly, Jr., Roswel, N. M., for plaintiff.

Hannett, Hannett, Cornish & Barnhart, Chas. E. Barnhart, Albuquerque, N. M., for defendant.

MEMORANDUM OPINION

MECHEM, District Judge.

This suit was filed pursuant to Title 11 U.S.C.A. Sec. 107(d) (2) to set aside a conveyance of real property, from Hugh Rowland to his wife Nellie Elizabeth Rowland, which was recorded the 24th of June, 1968.

There is no question that the real property was transferred to the wife "without fair consideration" and within the period of one year before Rowland filed a Petition in Bankruptcy in May of 1969. There...

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