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MALCOMB v. SMITH

No. 5269.

218 P.2d 1031 (1950)

54 N.M. 203

MALCOMB v. SMITH et al.

Supreme Court of New Mexico.

May 20, 1950.

Attorney(s) appearing for the Case

Irwin S. Moise, and Lewis R. Sutin, Albuquerque, for appellant.

Otto Smith, Clovis, and Botts & Botts, Albuquerque, for appellees.

SADLER, Justice.

The question at issue on this appeal is one involving a priority of jurisdiction as between the district court of the 9th Judicial District sitting within and for the County of Curry in that certain cause pending on the civil docket of said court entitled Carl A. Hatch, Executor of the Last Will and Testament of M.B. Kuntz, deceased, Plaintiff, against Della Maude Kuntz, et als., Docket No. 5441, and the district court of the 2nd Judicial District...

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