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McNABB v. WARREN

No. 9304.

490 P.2d 964 (1971)

83 N.M. 247

Bob McNABB and Frances McNabb, his wife, Plaintiffs-Appellees, v. Carmel E. WARREN and Thelma D. Warren, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

November 15, 1971.

Attorney(s) appearing for the Case

Standley, Witt & Quinn, Donald W. Miller, Sante Fe, I.M. Smalley, Deming, for appellants.

John F. Schaber, Deming, for appellees.

OPINION

MONTOYA, Justice.

Plaintiffs-appellees McNabbs brought this action in the District Court of Luna County, New Mexico, against defendants-appellants Warrens on a promissory note. Defendants answered, admitting execution and delivery of the promissory note, but denied that they were in default in the payment of said note. They also alleged that the release by the plaintiffs of the deed of trust securing the promissory note cancelled their indebtedness...

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