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CHASE MANHATTAN MORTG. CORP. v. CARAWAY

No. 21,854.

62 P.3d 748 (2002)

133 N.M. 291

2003-NMCA-020

CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff-Appellant, v. Claude CARAWAY, and his wife, Ruby Caraway, d/b/a Caraway Drilling, Defendants-Appellees.

Court of Appeals of New Mexico.

September 26, 2002.

Attorney(s) appearing for the Case

Julie J. Vargas, Hunt & Davis, P.C., Albuquerque, NM, for Appellant.

Kim E. Kaufman, Albuquerque, NM, for Appellees.

OPINION

IRA ROBINSON, Judge.

{1} Chase Manhattan Mortgage Corporation (Chase) appeals the district court's ruling that the mechanic's lien of Claude and Ruby Caraway (the Caraways) has priority over the mortgage held by Chase. Chase argues that the district court erred in granting priority status to the Caraways' lien because (1) the claim of lien was not timely filed, (2) there is no basis for an equitable tolling of the deadline for filing the claim...

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