Legal Opinion

Fischer v. Mascarenas

New Mexico Supreme Court

Decided August 23, 1979No. 12218PublishedCited by 28 opinions

1Opinion of the Court

OPINION

EASLEY, Justice.

The Fischers (Fischer) sued Mr. and Mrs. Mascarenas (Mascarenas) to enjoin the latter from interfering with real property claimed by Fischer. Mascarenas counterclaimed to quiet title to the property. Mascarenas’ counterclaim was dismissed on Fischer’s motion for summary judgment, and Mascarenas appeals. We reverse.

We inquire if an affidavit of an attorney stating that he has examined title to the land and has found that Fischer has good title is sufficient to negate an affidavit by Mascarenas that he owns the same land, which is identically described in deeds of the…

2Cases cited9 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Pharmaseal Laboratories, Inc. v. GoffeNew Mexico Supreme Court · 1977
  3. Jules J. Exnicious v. United StatesCourt of Appeals for the Tenth Circuit · 1977
  4. Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.New Mexico Supreme Court · 1967
  5. Spears v. Canon De Carnue Land GrantNew Mexico Supreme Court · 1969

4 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Koenig v. PerezNew Mexico Supreme Court · 1986
  2. National Excess Insurance v. BinghamNew Mexico Court of Appeals · 1987
  3. Oschwald v. ChristieNew Mexico Supreme Court · 1980
  4. Ellingwood Ex Rel. Estate Streeter v. N.N. Investors Life InsuranceNew Mexico Supreme Court · 1991
  5. Jelso v. World Balloon Corp.New Mexico Court of Appeals · 1981

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API