CHAPMAN v. LOCKE

No. 6245.

315 P.2d 521 (1957)

63 N.M. 175

R.H. CHAPMAN, Plaintiff-Appellee, v. Frank LOCKE, and Mary Locke, Executrix of the Estate of W.C. Locke, Deceased, Defendants-Appellants.

Supreme Court of New Mexico.

September 12, 1957.


Attorney(s) appearing for the Case

Jay Morgan, Portales, for appellants.

Mears & Mears and Fred Boone. Portales, for appellee.


SADLER, Justice.

The appellant, Mary Locke as executrix of the last will and testament of W.C. Locke, deceased, complains of a judgment rendered against her by the district court of Roosevelt County in an action begun against her testator during his lifetime in which she was substituted as a defendant following his death.

The plaintiff, R.H. Chapman, by his complaint filed in the case sought recovery against W.C. Locke and Frank Locke, his son, on an oral...

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