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KERMAN v. SWAFFORD

No. 7245.

680 P.2d 622 (1984)

101 N.M. 241

Edward H. KERMAN, as Trustee, Petitioner-Appellee, v. Ralph King SWAFFORD, Respondent-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 25, 1984.

Attorney(s) appearing for the Case

Edward H. Kerman, Rockville, Md., petitioner-appellee, pro se.

Steven L. Tucker, Santa Fe, for petitioner-appellee.

Ben A. Longwill, Las Cruces, for respondent-appellant.

OPINION

MINZNER, Judge.

Kerman brought suit against Swafford in order to recover possession of and quiet title to a 180-acre ranch. Kerman moved for a default judgment, and one day later Swafford filed an Answer. The Answer partially confessed judgment and raised counterclaims. The court granted judgment by default but denied a motion to strike the counterclaims. Kerman then moved for summary judgment on the counterclaims. The trial court granted summary...

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