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MERCER v. MORGAN

Nos. 1289 and 1317.

526 P.2d 1304 (1974)

86 N.M. 711

Drury E. MERCER and Irma Mercer, Plaintiffs-Appellants, v. Rachel MORGAN, Defendant-Appellee. Drury E. MERCER and Irma Mercer, his wife, Plaintiffs-Appellants, v. Bill G. PAYNE, Administrator of the Estate of Rachel Morgan, Deceased, Defendant-Appellee.

Court of Appeals of New Mexico.

September 11, 1974.

Attorney(s) appearing for the Case

Joe H. Galvan, Las Cruces, Richard A. Parsons, Ruidoso, for plaintiffs-appellants.

Russell D. Mann, John W. Bassett, Jr., Atwood, Malone, Mann & Cooter, Roswell, for defendant-appellee.

OPINION

LOPEZ, Judge.

These appeals question whether the filing of a complaint against a personal representative after the statute of limitations has expired, relates back to the original complaint filed against his decedent prior to the running of the statute.

The court below granted summary judgment in No. 1289 and dismissal in No. 1317, both in favor of the defendants. Plaintiffs appeal. We affirm.

No. 1289

The original...

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