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WESTERN STATES COLLECTION COMPANY v. SHAIN

No. 9257.

490 P.2d 461 (1971)

83 N.M. 203

WESTERN STATES COLLECTION COMPANY, Plaintiff-Appellant, v. Lee W. SHAIN and Loring W. Shain, Defendants-Appellees.

Supreme Court of New Mexico.

November 8, 1971.

Attorney(s) appearing for the Case

Louis J. Vener, Albuquerque, for plaintiff-appellant.

Cotter, Hernandez, Atkinson, Campbell & Kelsey, Albuquerque, for defendants-appellees.

OPINION

STEPHENSON, Justice.

The trial court entered judgment on the pleadings in favor of appellees (defendants) and appellant (plaintiff) appeals. We reverse.

Plaintiff sued to foreclose the lien of a judgment. Suit was filed within seven years of the entry of the judgment, but more than four years after a transcript of it had been recorded as a lien. One of defendants' affirmative defenses was that the judgment lien had been barred by the statute...

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