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FIRST NATIONAL BANK OF BOSTON v. GARRETT

No. 8683.

453 P.2d 759 (1969)

80 N.M. 239

The FIRST NATIONAL BANK OF BOSTON, a national banking association, Plaintiff-Appellee, v. Norwood L. GARRETT, d/b/a Garrett Glass Company, Defendant-Appellant, John A. FLEMING, Morris V. Birchfield, and Paul C. Newell, individually and as Trustees of Miriam A. Clark Trust, Third-Party Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied May 12, 1969.

Attorney(s) appearing for the Case

B.J. Baggett, Farmington, S.V.O. Prichard, Sunland, Cal., for third-party defendants-appellants.

Marvin Baggett, Jr., Farmington, for defendant-appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Daniel A. Sisk, Albuquerque, for plaintiff-appellee.

OPINION

CARMODY, Justice.

On August 11, 1964, the litigation involving the parties to this case was concluded by the entry of judgment, decree of foreclosure, order of sale, and appointment of a special master. On October 26, 1964, the court approved a special master's report and confirmed the foreclosure sale. The order directed that the special master pay the sum of $605,000.00 to the appellee "in partial satisfaction" of its judgment. The judgment which...

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