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COMER v. HARGRAVE

No. 12002.

598 P.2d 213 (1979)

93 N.M. 170

E.R. COMER and Rosa E. Comer, Plaintiffs-Appellees, v. John B. HARGRAVE, Defendant-Appellant, First National Bank of Port Arthur, Texas and all other unknown claimants of interest in the premises adverse to the plaintiffs, Defendants.

Supreme Court of New Mexico.

July 31, 1979.

Attorney(s) appearing for the Case

Harry L. Patton, Clovis, for defendant-appellant.

Quinn & Quinn, Stephen K. Quinn, Clovis, for plaintiffs-appellees.

Rowley, Hammond, Rowley & Tatum, David F. Richards, Clovis, for defendants.

OPINION

EASLEY, Justice.

Comer sued Hargrave to collect on a note and to foreclose a mortgage on real estate. Judgment was entered for Comer. Hargrave appeals. We reverse.

The issue we address is whether a vendor must give notice to a defaulting vendee of his intention to accelerate payments due on a note before the vendor is entitled to file suit to foreclose the mortgage securing payment of the note.

In 1973, the parties contracted for...

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