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INSTITUTE FOR ESSENTIAL HOUSING, INC. v. KEITH

No. 7759.

416 P.2d 157 (1966)

76 N.M. 492

INSTITUTE FOR ESSENTIAL HOUSING, INC., A New Jersey Corporation, Defendant-Cross-Plaintiff and Appellant, v. Clifford G. KEITH and Annie M. Keith, His Wife, Defendants-Cross-Defendants and Appellees.

Supreme Court of New Mexico.

Rehearing Denied July 18, 1966.

Attorney(s) appearing for the Case

Boyce & Fettinger, Alamogordo, for appellant.

Frazier, Cusack & Schnedar, Roswell, for appellees.

NOBLE, Justice.

This action was commenced as one to foreclose materialmen's liens in connection with the construction of the Keith home, but by cross-complaint Institute for Essential Housing, Inc. (hereafter termed I.E.H.) sought foreclosure of a note and mortgage executed by the Keiths and allegedly given to I.E.H. to finance the house. The material liens are not now an issue. I.E.H. has appealed from a summary judgment dismissing its cross-complaint. This appeal...

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