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GARRETT BLDG. CENTERS, INC. v. HALE

Nos. 12887, 12889.

623 P.2d 570 (1981)

GARRETT BUILDING CENTERS, INC., a New Mexico Corporation, Plaintiff-Appellant, v. Garnet R. HALE and Winnie O. Hale, husband & wife, Troy Julian, Valley Savings & Loan Association, and all unknown claimants of interest in and to the surface only of the following described property, to-wit: Tract 34, Morning Sun Acres Subdivision, Lovington, Lea County, New Mexico, Defendants-Appellees. GARRETT BUILDING CENTERS, INC., a New Mexico Corporation, Plaintiff-Appellant, v. Hershal JOHNSON AND Norma J. Johnson, his wife, Troy Julian, First Federal Savings & Loan Association, now Valley Savings & Loan Association, and all unknown claimants of interest in and to the surface only of the following described property, to-wit: Lots 11 and 12, Block 69, Llano Addition to the City of Lovington, Lea County, New Mexico, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied February 16, 1981.

Attorney(s) appearing for the Case

Maddox & Maddox, John M. Renfrow, Hobbs, for plaintiff-appellant.

Templeman & Crutchfield, James E. Templeman, Lovington, for defendants-appellees.

OPINION

SOSA, Senior Justice.

The issue on appeal is whether the trial court erred in denying plaintiff-appellant relief under the Mechanics and Materialmen's Lien statute, Sections 48-2-1 to 48-2-17, N.M.S.A. 1978.

Plaintiff-appellant, Garrett Building Centers, Inc. (Garrett), filed suit in two separate actions to foreclose materialmen's liens against the properties owned by defendants-appellees Hale and Johnson. Garrett had supplied materials and...

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