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FIRST NAT. BK., TUCUMCARI v. BERGER BRIGGS R. E. & I., INC.

No. 10453.

548 P.2d 863 (1976)

FIRST NATIONAL BANK IN TUCUMCARI, Tucumcari, New Mexico, Plaintiff-Appellee, v. BERGER BRIGGS REAL ESTATE & INSURANCE, INC., Defendant-Appellant.

Supreme Court of New Mexico.

April 22, 1976.

Attorney(s) appearing for the Case

Oldaker & Oldaker, Michael P. Watkins, Leslie Rakestraw, Albuquerque, for defendant-appellant.

Rowley & Bowen, Ricky D. Purcell, Tucumcari, for plaintiff-appellee.

OPINION

OMAN, Chief Justice.

This cause arises from a counterclaim filed by Berger Briggs Real Estate & Insurance, Inc. (Broker) against the First National Bank in Tucumcari (Bank) in a real estate mortgage foreclosure suit brought by the Bank as assignee of a mortgage lien and the indebtedness secured thereby. By its counterclaim, Broker sought to foreclose a claimed equitable lien upon the real estate. This claimed equitable lien supposedly secured...

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