COLUMBUS ELECTRIC COOPERATIVE, INC. v. BROWN

No. 7836.

419 P.2d 757 (1966)

77 N.M. 102

COLUMBUS ELECTRIC COOPERATIVE, INC., Plaintiff-Appellee, v. H.P. BROWN, Defendant-Appellant.

Supreme Court of New Mexico.

October 31, 1966.


Attorney(s) appearing for the Case

Montoya & Shwartz, Albuquerque, for appellant.

Ray Hughes, Deming, LaFel E. Oman, Santa Fe, for appellee.


OPINION

COMPTON, Justice.

This is an appeal from an order vacating an execution sale for mistake in the appraisement. The appellee was the holder of various judgments against the appellant and to satisfy the judgments, execution was levied against the lands of the appellant.

The main question is whether the trial court committed prejudicial error in vacating the sale. We think not. The property was appraised at $60,650.00 "subject to mortgages in...

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