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SANCHEZ v. GARCIA

No. 7253.

384 P.2d 681 (1963)

72 N.M. 406

Dolores B. SANCHEZ, Individually and as Successor to Appellant, C. B. Sanchez, Deceased, Plaintiff-Appellant, v. Santiago GARCIA, Defendant-Appellee.

Supreme Court of New Mexico.

August 19, 1963.

Attorney(s) appearing for the Case

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellant.

Robert Hoath LaFollette, Albuquerque, for appellee.

NOBLE, Justice.

Plaintiff has appealed from an adverse judgment in a quiet title action involving land in Tijeras Canyon, adjacent to Albuquerque, New Mexico.

Judgment was entered in 1954 quieting the title in plaintiff. In 1959, that judgment was vacated as to defendant Santiago L. Garcia, upon his motion based upon failure to serve him with process. Garcia then filed his answer and cross-complaint seeking to quiet title to a portion of the lands claimed...

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