ARMIJO v. SHAMBAUGH

No. 6310.

330 P.2d 546 (1958)

64 N.M. 459

ALFREDO ARMIJO AND MIRAMON ANAYA, PLAINTIFFS-APPELLANTS, v. C.G. SHAMBAUGH, OLIVE L. SHAMBAUGH, CHARLES E. GADDIS, VIRGINIA GADDIS, ROSENDO GARCIA, FERMIN GARCIA, ERLINDA BACA DE GARCIA, TOWN OF ATRISCO, DEFENDANTS-APPELLEES.

Supreme Court of New Mexico.

Rehearing Denied October 28, 1958.


Attorney(s) appearing for the Case

Coker, Boyd, May & Coan, Albuquerque, for appellants.

John Brunacini, Albuquerque, for appellee Town of Atrisco.

Gino J. Matteucci, Albuquerque, for remaining appellees.


E.T. HENSLEY, Jr., District Judge.

Cause No. 46,255 in the district court of Bernalillo County was an action by Rosendo Garcia against the Town of Atrisco to quiet title to certain lands. The present action filed in the same court some 5 1/2 years later, seeks to set aside that decree upon the ground of fraud in procuring the judgment.

The trial court, pursuant to motion, dismissed the complaint with prejudice on the ground that the decree in Cause No. 46...

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