Legal Opinion

New Mexico Bank & Trust Co. v. Lucas Bros.

New Mexico Supreme Court

Decided July 26, 1978No. 11511PublishedCited by 7 opinions

1Opinion of the Court

OPINION

PAYNE, Justice.

New Mexico Bank & Trust Company filed a mortgage foreclosure action on several notes. The defendants included the Lucas Brothers partnership, maker of the notes, and Liberty National Bank. Liberty counterclaimed to foreclose a mortgage it held on the property. The trial court granted judgment in favor of the New Mexico Bank in the amount of $110,855.77 and in favor of Liberty in the amount of $32,169.30. It further ruled that $5,000 of the New Mexico Bank judgment would constitute a first lien on the real estate superior to Liberty’s lien. We are asked to review the…

2Cases cited3 opinions

  1. Estes v. Republic National Bank of DallasTexas Supreme Court · 1970
  2. First Nat. Bank of Guntersville v. BainSupreme Court of Alabama · 1939
  3. Smith Engineering & Construction Co. v. United States Fidelity & Guaranty Co.District Court of Appeal of Florida · 1967

3Cited by7 opinions

  1. Pioneer Savings & Trust, F.A. v. RueNew Mexico Supreme Court · 1989
  2. In Re BassUnited States Bankruptcy Court, D. New Mexico · 1984
  3. Ruidoso State Bank v. CastleNew Mexico Supreme Court · 1986
  4. In Re DavisUnited States Bankruptcy Court, D. New Mexico · 1984
  5. Blue Grass Savings Bank v. Community Bank & Trust CompanySupreme Court of Iowa · 2020

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