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EVANS v. MORTGAGE INV. CO. OF EL PASO, TEXAS

No. 1044.

507 P.2d 793 (1973)

84 N.M. 732

Kenneth L. EVANS and Claudia L. Evans, Plaintiffs-Appellants, v. MORTGAGE INVESTMENT COMPANY OF EL PASO, TEXAS, Defendant-Appellee.

Court of Appeals of New Mexico.

February 23, 1973.

Attorney(s) appearing for the Case

Thomas E. Horn, Albuquerque, for appellants.

Wm. H. Hyde, Schwartz & Hooker, Albuquerque, for appellee.

OPINION

WOOD, Chief Judge.

The issue is the propriety of a summary judgment for defendant in plaintiffs' suit for compensatory and punitive damages based on an alleged conversion. The facts as to the alleged conversion are not disputed. The trial court ruled, as a matter of law, that there was no conversion. We agree.

Defendant holds the mortgage on plaintiffs' house. Monthly payments on the mortgage include...

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