SMITH v. WALCOTT

No. 9624.

512 P.2d 679 (1973)

85 N.M. 351

W. W. SMITH and Ruth Alyce Smith, his wife, Plaintiffs-Appellants, v. Bettye R. WALCOTT, Defendant-Appellee.

Supreme Court of New Mexico.

July 20, 1973.


Attorney(s) appearing for the Case

James G. Huber, Santa Fe, for plaintiffs-appellants.

John S. Spence, Paul B. Rasor, Alamogordo, for defendant-appellee.


OPINION

OMAN, Justice.

Plaintiffs brought suit against defendant to recover an admittedly unpaid balance owing on a promissory note executed by defendant and her former husband, who is now deceased. The trial court sustained defendant's motion for judgment on the pleadings and ordered plaintiffs' complaint dismissed with prejudice. Plaintiffs appealed. We reverse.

On November 30, 1957, defendant and her then husband executed, in favor of plaintiffs...

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