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NANCE v. DABAU

No. 8158.

430 P.2d 747 (1967)

78 N.M. 250

George E. NANCE, Guardian of the Person and Estate of Sudie E. Darby, Incompetent, Plaintiff-Appellant, v. John Darby DABAU, Defendant-Appellee.

Supreme Court of New Mexico.

July 24, 1967.

Attorney(s) appearing for the Case

Smith, Smith & Tharp, Clovis, for appellant.

Manford W. Rainwater, Tucumcari, Sutin & Jones, Albuquerque, for appellee.

OPINION

CHAVEZ, Chief Justice.

Plaintiff-appellant George E. Nance, as guardian of the person and estate of Sudie E. Darby, filed a complaint against defendant-appellee John Darby Dabau in three counts. Only the first count is relevant to this appeal. In that count, appellant sought to set aside certain deeds and contracts executed by Sudie E. Darby and her deceased husband to appellee, on the grounds that appellee occupied a position of trust with her;...

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