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BENALLY v. SILLS

No. 708.

492 P.2d 1291 (1971)

Herbert BENALLY and Wilbert Benally, Plaintiffs-Appellants, v. Glenn SILLS, d/b/a Chief Trading Post, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied January 5, 1972.

Attorney(s) appearing for the Case

Paul L. Biderman, Crownpoint, for appellants.

Stephen F. Grover, Farmington, for appellee.

OPINION

HENDLEY, Judge.

Wilbert Benally was sued in magistrate court by Glen Sills. A stipulated judgment was signed by the magistrate which recites a hearing, appearances by counsel for both parties and that defendant "consented to the debt." No appeal was taken from that order. Subsequently, execution was issued and the deputy sheriff levied upon forty-nine sheep believed to be owned by Wilbert Benally. Thereafter, Wilbert Benally, through his counsel...

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