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FARMERS GIN COMPANY v. WARD

No. 7322.

389 P.2d 9 (1964)

73 N.M. 405

FARMERS GIN COMPANY, Plaintiff, and Hugh B. Roberson, Plaintiff, Counter-defendant-Appellee, v. J.A. WARD and Lela Ann Ward, Defendants, Counter-plaintiffs-Appellants.

Supreme Court of New Mexico.

January 27, 1964.

Attorney(s) appearing for the Case

Smith, Smith & Tharp, Clovis, for appellants.

Rowley, Davis, Hammond & Murphy, Clovis, for appellee.

COMPTON, Chief Justice.

The present litigation grows out of a suit filed by the Farmers Gin Company and Hugh B. Roberson against the defendants seeking judgment on a promissory note and the foreclosure of two mortgages securing the same. Thereafter, based on events enumerated below, plaintiffs filed a satisfaction and a motion to dismiss the action. On the same day the defendants filed an answer and counterclaim. The trial was on the counterclaim, in which Roberson...

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