2017 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 5 - Gambling Debts and Losses
Section 44-5-4 - Judgments, conveyances and contracts founded on gambling loss void; suit to declare void; parties.
44-5-4. Judgments, conveyances and contracts founded on gambling loss void; suit to declare void; parties.
All judgments, securities, bonds, bills, notes or conveyances, when the consideration is money or property won at gambling, or at any game or gambling device, shall be void, and may be set aside or vacated by any court of equity upon a bill filed for that purpose, by the person so granting, giving, entering into or executing the same or by any creditor or by his executors, administrators, or by any heir, purchaser or other persons interested therein; provided however, that the holder in due course of any such security, bond, bill or note which is otherwise negotiable holds such instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of such instrument for the full amount thereof against all parties liable thereon.
History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, 4; C.L. 1884, 2293; C.L. 1897, 3202; Code 1915, 2510; C.S. 1929, 58-104; 1941 Comp., 25-1004; 1953 Comp., 22-10-4; Laws 1955, ch. 77, 1.
