McNabb v. Warren

OPINION

MONTOYA, Justice.

Plaintiffs-appellees. McNabbs brought this action in the District Court of Luna County, New Mexico, against- defendants-appellants Warrens on a promissory note. Defendants answered, admitting execution and delivery of the promissory note, but denied that they were in default in the payment of said note. They 'also alleged that the release by the plaintiffs of the deed of trust securing the promissory note can-celled their • indebtedness on the said promissory note. After a trial to the court, judgment was rendered for ..plaintiffs in the amount of $42,158.16, plus…