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HOME SAVINGS & LOAN ASSOCIATION v. BATES

No. 7810.

417 P.2d 798 (1966)

76 N.M. 660

HOME SAVINGS & LOAN ASSOCIATION, a New Mexico Corporation, Plaintiff-Appellee, v. W. C. BATES, d/b/a American Builders Supply, Defendant-Appellant.

Supreme Court of New Mexico.

August 29, 1966.

Attorney(s) appearing for the Case

Threet, Threet, Glass & King, Albuquerque, for appellant.

Jack A. Smith, Albuquerque, for appellee.

OPINION

WALDO SPIESS, Judge, Court of Appeals.

This appeal is from a final judgment foreclosing a real estate mortgage. The question raised is whether relief should have been denied the mortgagee (appellee) under the clean hands maxim.

One William M. Mills secured a loan from appellee, Home Savings and Loan Association, for the purpose of constructing a dwelling upon specified property. The loan was in the...

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