Garcia v. Silva
New Mexico Supreme Court
Appeal from District Court, Bernalillo County, Ray-nolds, Judge. Suit by Rafael Garcia, etc., and others against Secun- • dina Silva, to foreclose a deed of trust securing a note. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
This suit was filed in the court below in the year 1917, to foreclose a deed of trust securing a promissory note executed in 1906. Two defenses were interposed by the answer: (1) Payment; and (2) the statute of limitations. By reply the plaintiff pleaded an acknowledgment of the indebtedness in writing within the six years. The trial court made findings of fact, and stated conclusions of law, and entered judgment for ap-pellee foreclosing the mortgage, from which judgment appellant appeals.
The evidence is not made a part of the record, appellant here relying…
2Cases cited4 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Sandoval v. Unknown Heirs of VigilNew Mexico Supreme Court · 1919
- Neher v. ArmijoNew Mexico Supreme Court · 1901
- Blacklock v. FoxNew Mexico Supreme Court · 1919
3Cited by10 opinions
- Mitchell v. McCutcheonNew Mexico Supreme Court · 1927
- N. H. Ranch Co. v. GannNew Mexico Supreme Court · 1938
- Fulghum v. MadridNew Mexico Supreme Court · 1925
- Dodson v. WardNew Mexico Supreme Court · 1925
- Miera v. SammonsNew Mexico Supreme Court · 1926
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