Minor v. Riebold

OPINION

OMAN, Justice.

This is a suit in which plaintiff seeks recovery of possession from defendant of the real estate which plaintiff purchased at the foreclosure sale referred to in Speckner v. Riebold, 86 N.M. 275, 523 P.2d 10, opinion filed April 5, 1974. The magistrate court, in which the suit was filed pursuant to § 36-12-1, subd. A (4), N.M.S.A. 1953 (2nd Repl. Vol. 6, 1972), held for plaintiff and defendant appealed to the district court. The case was tried de novo in the district court pursuant to §§ 36-15-3 and 36—21— 42(g), N.M.S.A. 1953 (2nd Repl. Vol. 6, 1972). The district court…