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FISCHER v. MASCARENAS

No. 12218.

598 P.2d 1159 (1979)

93 N.M. 199

Michael W. FISCHER and Nancy J. Fischer, Plaintiffs-Appellees, v. Pedro MASCARENAS and Jennie Mascarenas, Defendants-Appellants.

Supreme Court of New Mexico.

August 23, 1979.

Attorney(s) appearing for the Case

Thomas G. Rice, Las Vegas, for defendants-appellants.

Felker & McFeeley, Randolph B. Felker, Santa Fe, for plaintiffs-appellees.

OPINION

EASLEY, Justice.

The Fischers (Fischer) sued Mr. and Mrs. Mascarenas (Mascarenas) to enjoin the latter from interfering with real property claimed by Fischer. Mascarenas counter-claimed to quiet title to the property. Mascarenas' counterclaim was dismissed on Fischer's motion for summary judgment, and Mascarenas appeals. We reverse.

We inquire if an affidavit of an attorney stating that he has examined title to the land and has found that...

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