Watson v. First National Bank
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Suit by W. W. Watson against the First National Bank of Roswell, G. A. Davisosn, John Morry, Jr., Alice C. Morrow, J. R. Morrow, and another. Decree for plaintiff against the defendants named, and they appeal. A mortgagor of real estate, who has conveyed the mortgaged premises by warranty deed, cannot maintain an action to redeem.
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Appeal from District Court, Chaves County; McClure, Judge. Suit by W. W. Watson against the First National Bank of Roswell, G. A. Davisosn, John Morry, Jr., Alice C. Morrow, J. R. Morrow, and another. Decree for plaintiff against the defendants named, and they appeal. A mortgagor of real estate, who has conveyed the mortgaged premises by warranty deed, cannot maintain an action to redeem. Brooks v. Keister, 45 Iowa 303; Ingersoll v. Sawyer, (Mass.) 2 Pick. 276; Pearcy v. Tate, (Term.) 19 S. W. 323; Phillips v. Leavitt, 54 Me. 405; Palmer v. Bray, (Mich.) 98 N. W. 849; Am. Freehold Land…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, C. J.
(after stating the facts as above). The first point urged by appellants is that a mortgagor of real estate who has conveyed the mortgaged premises by warranty deed cannot maintain an action to redeem. Appellants concede that the foreclosure of the vendor’s lien note was not strictly a foreclosure proceeding in the ordinary understanding of such proceedings, but contend that the appellee, as the maker of the vendor’s lien notes, stands in substantially the same position as would a mortgagor, and is to be governed by the same principles of law. It is contended…
2Cases cited3 opinions
- Higgs v. McDuffieOregon Supreme Court · 1916
- Cardwell v. Virginia State Ins.Supreme Court of Alabama · 1914
- Pearcy v. TateTennessee Supreme Court · 1892
3Cited by2 opinions
- Zumwalt v. GoodwinCourt of Appeals for the Tenth Circuit · 1943
- First State Bank of Taos v. WheatcroftNew Mexico Supreme Court · 1931