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FULTON v. CORNELIUS

No. 9663.

758 P.2d 312 (1988)

107 N.M. 362

Billy M. FULTON, as Independent Executor of the Estate of Georgia Lee Bryant; Billy M. Fulton; Darlene Fulton; Brenda S. Yeary; and Bradley D. Fulton, individually, Plaintiffs-Appellants, v. William CORNELIUS and Linda Cornelius, his wife; and other Unknown Claimants of Interest in the Premises Adverse to the Plaintiffs, Defendants-Appellees.

Court of Appeals of New Mexico.

June 28, 1988.

Attorney(s) appearing for the Case

Michael F. McCormick, Mel B. O'Reilly, Mel B. O'Reilly, P.C., Ruidoso, for plaintiffs-appellants.

Don E. Dutton, Underwood, Dutton & Griffin, Ltd., Ruidoso, for defendants-appellees.

Hal Stratton, Atty. Gen., Javier Lopez, Sp. Asst. Atty. Gen., New Mexico Taxation & Revenue Dept., Santa Fe, amicus curiae.

OPINION

DONNELLY, Chief Judge.

Plaintiffs, the personal representative and heirs of Georgia Lee Bryant (decedent), appeal from the trial court's order quieting title to realty acquired by defendants at a tax sale. The dispositive issue on appeal is whether the procedures taken by tax officials were adequate to notify the personal representative of decedent's estate of a pending tax sale, prior to conducting a sale of decedent's real property. We reverse...

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