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SPEARTEX GRAIN CO. v. WEST

No. 5578.

645 P.2d 447 (1982)

98 N.M. 91

SPEARTEX GRAIN COMPANY, Bob Cator, Perry Dickson, Mrs. R.B. Archer, Carl Archer, and Peggy Archer, Plaintiffs-Appellants, v. Audrey W. WEST and his Wife, Bonita J. West, Dennis W. West and his wife, Stephanie L. West, K. Brad West and his wife, Linda A. West, individually and d/b/a West Elevator and Alfalfa Warehouses, a Texas General Partnership, and the First National Bank of Denver, a national banking association, Defendants-Appellees.

Court of Appeals of New Mexico.

April 27, 1982.

Attorney(s) appearing for the Case

Richard E. Olson, Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, for plaintiffs-appellants.

Richard F. Rowley, II, Clovis, for defendants-appellees.

OPINION

HENDLEY, Judge.

Plaintiffs sued to foreclose a lien allegedly placed upon defendants' property pursuant to § 42-4-18, N.M.S.A. 1978. Defendants were granted summary judgment and we granted plaintiffs' application for an interlocutory appeal. The sole issue relates to the foregoing statute as applied to a lessee. We affirm.

Plaintiffs were lessees of a tract of land currently owned by defendants. During their tenancy, plaintiffs allegedly...

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