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SIMSON v. BILDERBECK, INC.

No. 7891.

417 P.2d 803 (1966)

76 N.M. 667

George SIMSON, Plaintiff-Appellee, v. BILDERBECK, INC., A-One Tile Co., Pittsburg Plate Glass Co., Southern Union Gas Co., and Crego Block Co., Defendants, and Miller Metal Co. et al., Defendants-Appellants.

Supreme Court of New Mexico.

August 29, 1966.

Attorney(s) appearing for the Case

Franks & deVesty, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Akin & Robb, Robert D. Taichert, Albuquerque, for appellee.

OPINION

JOE W. WOOD, Judge, Court of Appeals.

This appeal involves priority of liens and the subrogation rights of an assignee of a note secured by real estate mortgage.

In obtaining a bank loan, Bilderbeck, Inc. executed a promissory note and secured the note with a mortgage on the real property involved. In addition, plaintiff signed the note. Because of financial difficulties of Bilderbeck, Inc., and before the note was due, the bank called upon...

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