STATE EX REL. UDALL v. CRESSWELL

No. 17740.

960 P.2d 818 (1998)

125 N.M. 276

1998-NMCA-072

STATE of New Mexico ex rel. Tom UDALL, Attorney General, Plaintiff-Appellant, v. C.W. CRESSWELL, Jeanne Lutz, William L. Lutz, Jackie Martin and R. Wilson Martin, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied May 20, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Frank D. Weissbarth, Assistant Attorney General, William S. Keller, Assistant Attorney General, Santa Fe, for Plaintiff-Appellant.

Ralph Wm. Richards, Richards & Schiller, P.A., Las Cruces, for Defendants-Appellees Jackie Martin & Jeanne Lutz.

Charles W. Cresswell, R. Wilson Martin, William L. Lutz, Las Cruces, for Appellees/pro se.


OPINION

BOSSON, Judge.

{1} This case involves disputed liability under the 1973 New Mexico Subdivision Act before it was amended in 1995. See NMSA 1978, §§ 47-6-1 to -29 (1973, as amended through 1995). Specifically, we address the question whether a seller, who divides land for the purpose of creating a security interest to finance a sale, escapes responsibility as a "subdivider...

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