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BELL v. WARE

No. 6879.

366 P.2d 706 (1961)

69 N.M. 308

Freda BELL, Plaintiff-Appellant, v. Nolen WARE and Wyvion Ware, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 21, 1961.

Attorney(s) appearing for the Case

Jay Morgan, Portales, Nelson, McCleskey & Harriger, Lubbock, Tex., for appellant.

James C. Compton, Portales, for appellees.

NOBLE, Justice.

Action was brought in the district court of Roosevelt County to have two deeds, each conveying an undivided one-half interest in a 480-acre farm and absolute in form, declared an equitable mortgage; for an accounting of the rents and profits; and, for an order directing reconveyance of the land upon payment of the claimed mortgage debt. The case was tried to a jury and this appeal is from a directed verdict...

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