2020 New Mexico Statutes
Chapter 53 - Corporations
Article 10 - Unincorporated Associations
Section 53-10-2 - [Property holdings; effect of member's death on termination of membership; member's interest not subject to execution.]

Universal Citation: NM Stat § 53-10-2 (2020)

Any such club or association may hold and acquire real or personal property by deed, lease or otherwise, in the name of such association by which it is known, and to [may] acquire title to any property by purchase or otherwise for its objects and purposes, which property shall be deemed in law to be held by the said club or association for the use and benefit of the actual and active members thereof composing said association from time to time,[;] and upon the decease of any member, or the termination of any membership therein, the interest of any deceased member, or the interest of any member whose membership is terminated, in the property real or personal of such association shall cease and terminate, without right of succession to the heirs, executors and administrators of such deceased member, or to the creditors or trustee in bankruptcy or assignee of any member whose membership in said association shall be terminated. The interest of any member in the real and personal property of any such club or association shall not be subject to execution as and for his debts or as his individual or special property.

History: Laws 1937, ch. 186, § 2; 1941 Comp., § 52-102; 1953 Comp., § 51-18-2.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.

For form for claim of exemptions on executions, see Rule 4-803 NMRA.

For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.

For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.

For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.

For form for claim of exemption from garnishment, see Rule 4-809 NMRA.

Issuance of tax deed to members of disbanded association. — Where defendants were the only remaining members of a voluntary association in good standing when it was disbanded, tax deed to land previously owned by the association, issued to them after its sale to the state for delinquent taxes, only effected a redemption of the land. Flanagan v. Benvie, 1954-NMSC-074, 58 N.M. 525, 273 P.2d 381.

Rights of former members of disbanded association. — Where rifle club ceased to exist because there were no funds and only two members, the land owned by the association being sold to state for delinquent taxes, plaintiffs who did not belong to the association when land was acquired nor when the association disbanded had no right or interest in the land, nor did those who belonged to a subsequently organized club by the same name. Flanagan v. Benvie, 1954-NMSC-074, 58 N.M. 525, 273 P.2d 381.

Property in name of local chapters. — The local chapters of the Future Farmers of America are legally entitled to acquire and to hold both real or personal property in the name of the local chapter, and to convey or dispose of such property as is in accordance with such organization's bylaws or rules. 1961 Op. Att'y Gen. No. 61-96.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Associations and Clubs § 13.

Status and rights of one renting room in club, 32 A.L.R. 1016.

Golf club, resignation from, 99 A.L.R. 1441.

Power and capacity of unincorporated association, lodge, society, or club to convey, transfer or encumber association property, 15 A.L.R.2d 1451.

7 C.J.S. Associations §§ 35, 36.

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