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FIRST NAT. BANK IN ALAMOGORDO v. CAPE

No. 14758.

673 P.2d 502 (1983)

100 N.M. 525

FIRST NATIONAL BANK IN ALAMOGORDO, Plaintiff-Appellee, v. Slover T. CAPE and Louise Cape, Defendants-Appellees, v. Heather Badin MULLINS, the Personal Representative of the Estate of Dora Mullins McKeeman, Deceased, Defendant-Appellant.

Supreme Court of New Mexico.

December 21, 1983.

Attorney(s) appearing for the Case

S. Thomas Overstreet, Alamogordo, for plaintiff-appellee First Nat. Bank.

O'Reilly & Huckstep, Mel B. O'Reilly, Ruidoso, for defendants-appellees Cape.

Melton & Puccini, Louis Puccini, Jr., Elizabeth Sanchez, Albuquerque, for defendant-appellant.

OPINION

FEDERICI, Justice.

This action originated as a Petition for Interpleader brought by the First National Bank of Alamogordo (Bank) in the District Court of Otero County. The Bank interpled all documents held in escrow pertaining to a tract of land with improvements near Cloudcroft, New Mexico, title to which is in issue here. The district court held that title to the property should be vested in Slover T. Cape and Louise Cape (appellees) subject to...

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