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DAUGHTREY v. CARPENTER

No. 8967.

477 P.2d 807 (1970)

82 N.M. 173

Frank DAUGHTREY and Margie Daughtrey, his wife, and First National Bank in Albuquerque, Defendants-Appellants and Cross-Appellees, v. James O. CARPENTER and Orrion Perry, d/b/a Gas Appliance Service Co., Defendants-Cross-Claimants-Appellees, Blueher Lumber Company and Dar Tile Company, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

December 14, 1970.

Attorney(s) appearing for the Case

Stuart Hines, Clyde E. Sullivan, Jr., Albuquerque, for defendants-appellants.

McNeany, Rose & Sholer, Albuquerque, for James O. Carpenter.

McAtee, Marchiondo & Michael, Pat Chowning, Albuquerque, for Orrion Perry.

Oliver Burton Cohen, Albuquerque, for Blueher Lumber Co. and Dar Tile Co.

OPINION

WATSON, Justice.

The complaint in this action was filed by a subcontractor of Mock Homes, Inc. to foreclose a labor and material lien against the home of Frank and Margie Daughtrey. The Daughtreys purchased the premises so soon after its construction that the time for filing liens had not expired. At the time of their purchase they executed a mortgage to First National Bank in Albuquerque. The complaint joined other lien claimants against the property...

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