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RABO AGRIFINANCE, INC. v. TERRA XXI, LTD.

No. 30,286.

274 P.3d 127 (2012)

2012-NMCA-038

RABO AGRIFINANCE, INC., Successor in Interest to Farm Credit Bank of Texas, Plaintiff-Appellant/Cross-Appellee, v. TERRA XXI, LTD., a Texas limited partnership, composed of Veigel Cattle Co., as general partner; Robert Wayne Veigel, a/k/a Bob W. Veigel; Ella Marie Williams Vogel, a/k/a Ella Marie Veigel; Veigel Cattle Co., a Texas corporation; Veigel Farm Partners, a Texas general partnership, d/b/a Veigel Partners; Bob Viegel, Inc., a Texas corporation, Steve Veigel, Inc., a Texas corporation; Veigel-Kirk, Inc., a Texas corporation; Vicki Veigel, Inc., a Texas corporation; Veigel Farms, Inc., a Texas corporation; Terra Partners, a Texas general partnership; Burnett & Veigel, Inc., a Texas corporation, as general partner of Terra Partnership, a Texas general partnership; and All Unknown Claimants of Interest in the Premises Adverse to the Plaintiff, Defendants-Appellees/Cross-Appellants.

Court of Appeals of New Mexico.

January 12, 2012.

Attorney(s) appearing for the Case

Rowley Law Firm, L.L.C., Richard F. Rowley, II , Richard F. Rowley, III , Clovis, NM, for Appellant.

Garrett Law Firm, P.A., Michael T. Garrett , Clovis, NM, for Appellees.

OPINION

SUTIN, Judge.

{1} In its foreclosure action, a mortgagee sought to enlarge its mortgage lien from a 50% interest to a 100% interest based on the doctrine of after-acquired title. The district court held against the mortgagee. The court also dismissed counterclaims. We hold that the court erred in granting summary judgment, and we remand for further proceedings on the issue of the applicability of the after-acquired title doctrine in...

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