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C & L LUMBER v. TEXAS AMERICAN BANK

No. 18800.

795 P.2d 502 (1990)

110 N.M. 291

C & L LUMBER AND SUPPLY, INC., Plaintiff-Appellee, v. TEXAS AMERICAN BANK/GALERIA, Defendant-Appellant, v. George J. AUBIN, Wichita Equine, Inc., W.E. New Mexico, Inc., Kenny's Welding, Barney Rue, Frankie Reynolds, Briscoe West and Myrl West, Defendants-Appellees.

Supreme Court of New Mexico.

June 13, 1990.

Attorney(s) appearing for the Case

The Payne Law Firm, H. Vern Payne, Diane P. Donaghy, Albuquerque, for appellant.

Gary C. Mitchell, Ruidoso, for appellee C & L Lumber.

Karen L. Parsons, Ruidoso, for appellee J.W. Moursund.

Hawthorne & Hawthorne, Richard A. Hawthorne, Ruidoso, for appellees Aubin, Wichita Equine and W.E. New Mexico.

Darrell N. Brantley, Alamogordo, for appellees West.

Ronald G. Harris, Albuquerque, for appellees Kenny's Welding and Barney Rue.

H. John Underwood, Ruidoso, for appellee Frankie Reynolds.

Joe A. McDermott, Houston, Tex., pro se.

OPINION

RANSOM, Justice.

Texas American Bank appeals from a decision that its mortgages on two tracts of Ruidoso land are void and that, in a proceeding to foreclose mechanics' and materialmen's liens on the property, the priority of such resulting equitable mortgage liens as were found by the court follows those of the other lien claimants. We affirm.

In August 1980, Joe McDermott, while married to Dixie...

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