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NEW MEXICO SAVINGS & LOAN ASSOCIATION v. BLUEHER LUMBER COMPANY

Nos. 8711, 8712.

454 P.2d 268 (1969)

80 N.M. 254

NEW MEXICO SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellee, v. BLUEHER LUMBER COMPANY, Inc., Defendant-Appellant. Jack R. COURSHON, as Nominee of the Trustees of First Mortgage Investors, a Massachusetts Business Trust, Plaintiff-Appellee, v. MOCK HOMES, INC., Defendant, Blueher Lumber Company, Inc., Defendant-Appellant.

Supreme Court of New Mexico.

May 12, 1969.

Attorney(s) appearing for the Case

Oliver Burton Cohen, Albuquerque, for appellant.

Ussery, Burciaga & Parrish, Albuquerque, for appellees.

OPINION

TACKETT, Justice.

Complaints in these consolidated cases Nos. A23259 and A23261 were filed in the District Court of Bernalillo County, New Mexico, on October 31, 1966, to foreclose mortgages. Defendant-appellant Blueher Lumber Company, Inc., a material lien claimant, was served with process on November 10, 1966. Answer and counterclaim were filed by Blueher on January 3, 1967, a copy of which was mailed to opposing counsel on January 13, 1967. The...

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