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COMMERCIAL STAND. INS. CO. OF FT. WORTH, TEX. v. HITSON

No. 7311.

388 P.2d 56 (1963)

73 N.M. 328

COMMERCIAL STANDARD INSURANCE COMPANY OF FORT WORTH, TEXAS and Equitable Fire and Marine Insurance Company of Providence, Rhode Island, Plaintiffs-Appellees, v. Jack C. HITSON, Nell Hitson, Paul Williams, and Pat Williams, also known as Alice Williams, Defendants-Appellants.

Supreme Court of New Mexico.

December 30, 1963.

Attorney(s) appearing for the Case

Dan B. Buzzard, Clovis, for appellants.

Gore & Nieves, Clovis, for appellees.

MOISE, Justice.

On September 25, 1957, the defendants-appellants, owners of a five acre tract of land in Curry County, New Mexico, borrowed $5,700.00 from Carlow, Schiller & Carlow, evidencing the same by a promissory note which was secured by a mortgage. On November 5, 1957, a fire and extended coverage insurance policy in the amount of $3,000.00 was obtained from each of the plaintiffs-appellees. Each policy contained a "standard mortgage clause," differing...

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