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BRONX SAVINGS BANK v. CONDUFF

No. 8217.

430 P.2d 374 (1967)

78 N.M. 216

BRONX SAVINGS BANK, a Corporation, Plaintiff-Appellee, v. J. Frank CONDUFF, Defendant-Appellee, Paul S. Dalton and Sylvia Ann Dalton, Defendants-Appellants.

Supreme Court of New Mexico.

July 24, 1967.

Attorney(s) appearing for the Case

Bean & Snead, Roswell, for appellants.

Schauer & Stiff, Roswell, Attorneys for Appellee Bronx Savings Bank.

Jennings & Copple, Brian W. Copple, Roswell, for appellee J. Frank Conduff.

OPINION

CARMODY, Justice.

This was a suit to foreclose a mortgage. Defendant Conduff cross-claimed against the defendants Dalton on the Daltons' promise to assume the mortgage. The Daltons cross-claimed against Conduff for cancellation of the conveyance from Conduff to them on the ground of Mr. Dalton's infancy at the time of the conveyance. The trial court, sitting without a jury, determined the issues in favor of the plaintiff on its complaint, and in...

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