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FIDELITY NAT. BANK v. LOBO HIJO CORP.

No. 3335.

594 P.2d 1193 (1979)

92 N.M. 737

FIDELITY NATIONAL BANK, a National Banking Corporation, Plaintiff-Appellee, v. LOBO HIJO CORPORATION, Defendant-Appellant, Cross-Appellee, v. John RUST, G.R. McNary, Albert Anella and James H. Foley, Cross-Defendants, Cross-Appellants.

Court of Appeals of New Mexico.

Writ of Certiorari Denied May 1, 1979.

Attorney(s) appearing for the Case

J.E. Casados, Gallagher, Casados & Martin, Albuquerque, for appellant, cross-appellee.

Quincy D. Adams, Adams & Foley, Albuquerque, for cross-defendants, cross-appellants.

Martin E. Threet, Threet, Threet, Glass & King, Albuquerque, for appellee.

OPINION

WOOD, Chief Judge.

The trial court's judgment determined the amount due the Bank pursuant to a promissory note, determined that the amount due was a prior lien on certain real estate which had been mortgaged to the Bank, foreclosed this lien and ordered the real estate sold, directed how the proceeds of the sale were to be applied, and ruled that the Bank was entitled to judgment for any deficiency that remained after application of the sale proceeds...

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