TRUJILLO v. MONTANO

No. 6319.

327 P.2d 326 (1958)

64 N.M. 259

M. A. TRUJILLO, Plaintiff-Appellee, v. Luis MONTANO, Defendant-Appellant.

Supreme Court of New Mexico.

June 24, 1958.


Attorney(s) appearing for the Case

Johnston Jeffries, Aztec, H. A. Daugherty, Farmington, for appellant.

E. P. Ripley, Santa Fe, for appellee.


LUJAN, Chief Justice.

This appeal arises from the judgment of the district court of Rio Arriba County, wherein it held that a certain instrument was an absolute deed in its nature and not an equitable mortgage as the appellant contends.

The land in question, consisting of 97.2 acres, located in the above mentioned county was patented to Ramon Roybal on September 11, 1918. He died intestate prior to April 4, 1931, leaving as his sole heirs at law his wife,...

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