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HAYS v. KING

No. 18085.

784 P.2d 21 (1989)

109 N.M. 202

Newell R. HAYS, and Ruby C. Hays, his wife, plaintiffs-appellants, v. Joe KING, a single man, and Elizabeth F. Silva, a single woman, Defendants-Appellees.

Supreme Court of New Mexico.

December 14, 1989.

Attorney(s) appearing for the Case

Burrough & Rhodes, F. Randolph Burroughs, Alamogordo, for plaintiffs-appellants.

Gary C. Mitchell, Ruidoso, for defendants-appellees.

OPINION

SOSA, Chief Justice.

This foreclosure action by vendors Newell R. Hays and Ruby C. Hays (Hays) resulted in a judgment in favor of purchasers Joe King and Elizabeth F. Silva (King1). Hays attempted to enforce a promissory note and mortgage upon property he allegedly owned and tried to sell to King. King, having been informed by the title company prior to closing that he already owned the property, counterclaimed to quiet...

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