SAMPLES v. ROBINSON

No. 5780.

275 P.2d 185 (1954)

58 N.M. 701

Jim SAMPLES and Dorothy Samples, Plaintiffs-Appellees, v. J.W. ROBINSON and Mabel I. Robinson, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied October 11, 1954.


Attorney(s) appearing for the Case

Frazier, Cusack & Snead, Roswell, for appellants.

Carpenter, Eaton & Phelps, Roswell, for appellees.


McGHEE, Chief Justice.

This appeal followed the foreclosure of a mortgage on a ranch and personal property, followed by the entry of a deficiency judgment from which an appeal was also taken.

The contract for the sale of the ranch, the bill of sale of the personal property, the note evidencing the deferred payments and a mortgage securing the indebtedness were executed simultaneously and placed in escrow in a bank pending the approval of title and the making...

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