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NEW MEXICO BANK & TRUST CO. v. LUCAS BROS.

No. 11511.

582 P.2d 379 (1978)

NEW MEXICO BANK AND TRUST COMPANY, Plaintiff-Appellant, v. LUCAS BROTHERS, a Partnership composed of Raymond A. Lucas and Johnny T. Lucas, Raymond A. Lucas, Johnny T. Lucas and Louise V. Lucas, husband and wife, Liberty National Bank and Nathan G. Howry, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied August 8, 1978.

Attorney(s) appearing for the Case

Heidel, Samberson, Gallini & Williams, Jerry L. Williams, Lovington, for plaintiff-appellant.

Sanders, Templeman & Crutchfield, C. Barry Crutchfield, Lovington, for defendants-appellees.

OPINION

PAYNE, Justice.

New Mexico Bank & Trust Company filed a mortgage foreclosure action on several notes. The defendants included the Lucas Brothers partnership, maker of the notes, and Liberty National Bank. Liberty counterclaimed to foreclose a mortgage it held on the property. The trial court granted judgment in favor of the New Mexico Bank in the amount of $110,855.77 and in favor of Liberty in the amount of $32,169.30. It further ruled that...

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