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MUTUAL BUILDING & LOAN ASS'N OF SANTA FE v. FIDEL

No. 8472.

437 P.2d 134 (1968)

78 N.M. 673

The MUTUAL BUILDING & LOAN ASSOCIATION OF SANTA FE, New Mexico, Plaintiff-Appellee, v. John FIDEL, Toufick N. Fidel and Clara S. Fidel, Defendants-Appellees, G & G Heating, Inc., and James P. Johnson, Defendants-Appellants.

Supreme Court of New Mexico.

February 5, 1968.

Attorney(s) appearing for the Case

Iden & Johnson, Richard G. Cooper, Albuquerque, for T.N. and Clara S. Fidel.

Adams & Pongetti, Albuquerque, for John N. Fidel.

White, Gilbert, Koch & Kelly, Santa Fe, for Mutual Bldg. & Loan.

Zinn & Donnell, Santa Fe, for J.P. Johnson.

Catron & Catron, Thomas A. Donnelly, Santa Fe, for G & G Heating.

OPINION

MOISE, Justice.

We are here called upon to interpret the meaning of the language of our mechanics' lien law (§ 61-2-9, N.M.S.A. 1953) which we have italicized:

"No lien provided for in this article binds any building, mining claim, improvement or structure for a longer period than one (1) year after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same, or, if a credit be...

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