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CHASE MANHATTAN BANK v. CANDELARIA

No. 28002.

90 P.3d 985 (2004)

135 N.M. 527

2004-NMSC-017

CHASE MANHATTAN BANK, as trustee of IMC Home Equity Loan Trust 1998-4 under the pooling and servicing agreement dated as of June 1, 1998, Plaintiff-Respondent, v. John A. CANDELARIA, Jane C. Candelaria, Morequity, Inc., a Delaware corporation, John Doe, a tenant whose name is unknown, and Jane Doe, a tenant whose name is unknown, Defendants-Petitioners, v. Charles L. Reule, Third Party Plaintiff-Respondent. v. Carlo A. Roybal, Third Party Defendant-Intervenor-Petitioner.

Supreme Court of New Mexico.

May 4, 2004.

Attorney(s) appearing for the Case

Anthony James Ayala, Albuquerque, NM, for Petitioner Roybal.

Aldridge, Grammar, Jeffrey & Hammar, P.A., Will Jeffrey, Albuquerque, NM, for Respondent Reule.

OPINION

MAES, Chief Justice.

{1} Petitioner Carl Roybal appeals from a judgment of the district court ordering him to pay Respondent Charles Reule for improvements Reule made to foreclosed property Reule bought at a judicial sale that was subsequently redeemed by Roybal. The Court of Appeals affirmed the judgment of the district court in an unpublished opinion, holding that New Mexico's Betterment Statutes, NMSA 1978, §§ 42-4-17 (1878) to -18 ...

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