In Re Estate of Baca
New Mexico Court of Appeals
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
{1} David Chavez (Petitioner) filed a claim against the estate of Albino Baca (Decedent) seeking specific performance of an oral agreement to sell real property, or, in the alternative, restitution and quantum meruit damages. The district court refused specific performance but awarded damages against the estate under a quantum meruit theory. Concluding that Petitioner’s claim is barred by the New Mexico Probate Code limitations period of NMSA 1978, § 45-3-108(A)(4) (1995), we reverse.
FACTS
{2} Decedent was Petitioner’s uncle. Decedent owned 641 acres of ranch land in…
Also in this document: Concurrence.
2Cases cited6 opinions
- Gracia v. BittnerNew Mexico Court of Appeals · 1995
- State v. ADAM M.New Mexico Court of Appeals · 1997
- Matter of Estate of TaylorMontana Supreme Court · 1984
- Bajart v. University of New MexicoNew Mexico Court of Appeals · 1999
- Matter of Estate of WoodCourt of Appeals of Arizona · 1985
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3Cited by12 opinions
- Estate of Winn v. Plaza Healthcare, Inc.Arizona Supreme Court · 2007
- Jaramillo v. GonzalesNew Mexico Court of Appeals · 2002
- Ader v. Estate of FelgerCourt of Appeals of Arizona · 2016
- Estate of Winn v. Plaza Healthcare, Inc.Court of Appeals of Arizona · 2006
- Inderjit Kaur Puri v. Shakti Parwha Kaur KhalsaNew Mexico Court of Appeals · 2013
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