FARMERS AND STOCKMENS BANK OF CLAYTON v. MORROW

No. 9006.

472 P.2d 643 (1970)

81 N.M. 678

The FARMERS AND STOCKMENS BANK OF CLAYTON, Clayton, New Mexico, a New Mexico Corporation, Plaintiff-Appellant, v. James MORROW, Jr., and James Morrow, Sr., Defendants-Appellees.

Supreme Court of New Mexico.

July 27, 1970.


Attorney(s) appearing for the Case

Krehbiel & Alsup, Clayton, for plaintiff-appellant.

Robert S. Skinner, Raton, for defendants-appellees.


OPINION

TACKETT, Justice.

This action was commenced in the District Court of Union County, New Mexico, to recover on two promissory notes and to foreclose a mortgage. After trial without a jury, judgment was entered in favor of plaintiff "Bank" on the two notes against the defendant James Morrow, Jr., designated "Jimmy." The judgment denied foreclosure on the mortgage. The Bank appeals from the denial of the foreclosure.

The facts, briefly, as found...

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