Legal Opinion · Dissent

Crown Life Insurance v. Candlewood, Ltd.

New Mexico Supreme Court

Decided October 28, 1991No. 19217Published

1DissentBaca, Justice

Although I find Justice Montgomery’s opinion persuasive, I respectfully dissent. I would affirm the trial court’s judgment on all issues, including its decision not to set aside the foreclosure sale and to confirm Stahl’s exercise of his right to redeem the property.

It is well-settled law that “a judicial sale will not be set aside for inadequacy of price unless it be so gross as to shock the conscience, or unless there be additional circumstances which would make it inequitable to allow the sale to stand.” Las Vegas Ry. & Power Co. v. Trust Co., 15 N.M. 634, 649, 110 P. 856, 861 (1910)…

2Cases cited7 opinions

  1. Wolf and Klar Cos. v. GarnerNew Mexico Supreme Court · 1984
  2. Jones v. New Mexico State Racing CommissionNew Mexico Supreme Court · 1983
  3. Armstrong v. CsurillaNew Mexico Supreme Court · 1991
  4. Luxton v. LuxtonNew Mexico Supreme Court · 1982
  5. Blanks v. Farmers' Loan & Trust Co.Court of Appeals for the Fifth Circuit · 1903

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