Legal Opinion

WESTERN STATES COLLECTION COMPANY v. Shain

New Mexico Supreme Court

Decided November 8, 1971No. 9257PublishedCited by 3 opinions

1Opinion of the Court

OPINION

STEPHENSON, Justice.

The trial court entered judgment on the pleadings in favor of appellees (defendants) and appellant (plaintiff) appeals. We reverse.

Plaintiff sued to foreclose the lien of a judgment. Suit was filed within seven years of the entry of the judgment, but more than four years after a transcript of it had been recorded as a lien. One of defendants’ affirmative defenses was that the judgment lien had been barred by the statute of limitations. On defendants’ motion for judgment on the pleadings, the trial court dismissed the complaint on that basis.

Judgment liens, which did…

2Cases cited3 opinions

  1. Pugh v. Heating Plumbing Finance CorporationNew Mexico Supreme Court · 1945
  2. Curtis Manufacturing Company v. BarelaNew Mexico Supreme Court · 1966
  3. Otero v. DietzNew Mexico Supreme Court · 1934

3Cited by3 opinions

  1. Title Guaranty & Insurance v. CampbellNew Mexico Court of Appeals · 1987
  2. Cook v. RockettNew Mexico Court of Appeals · 2023
  3. RH Fund 28, LLC v. O'NiellDistrict Court, D. New Mexico · 2024

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