Legal Opinion

Garcia v. Herrera

New Mexico Court of Appeals

Decided February 9, 1998No. 17942PublishedCited by 2 opinions

1Opinion of the Court

OPINION

APODACA, Judge.

1. Third-Party Defendants (Grantors) appeal the trial court’s judgment in favor of Defendant/Third-Party Plaintiff (Grantee) awarding damages, costs, and attorney fees for breach of warranty of title and failure to defend. Grantors argue five issues on appeal: (1) the trial court lost jurisdiction over the breach of warranty claims following Grantee’s settlement with Plaintiff, (2) Grantee was required to defend title, (3) the settlement prevented Grantors from defending the title, (4) the trial court should have adopted Grantors’ requested findings and conclusions, and…

2Cases cited18 opinions

  1. Strata Production Co. v. Mercury Exploration Co.New Mexico Supreme Court · 1996
  2. Den-Gar Enterprises v. RomeroNew Mexico Court of Appeals · 1980
  3. Sundance Mechanical & Utility Corp. v. AtlasNew Mexico Supreme Court · 1990
  4. Clovis National Bank v. HarmonNew Mexico Supreme Court · 1984
  5. Schneider v. Lipscomb County National Farm Loan Ass'nTexas Supreme Court · 1947

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3Cited by2 opinions

  1. Coco v. JaskunasSupreme Court of New Hampshire · 2009
  2. Board of Trustees of Tecolote Land Grant v. GriegoNew Mexico Court of Appeals · 2004

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