Security Investment & Development Co. v. Capital City Bank
New Mexico Supreme Court
Appeal from District Court, Santa Ee County; G-. A. Richardson, Judge. Suit to quiet title by the Security Investment & Development Company against James W. Norment and others, in which the Capital City Bank appeared and filed answer containing a counterclaim and sought to have its lien declared prior to the estate of the plaintiff. Prom an order striking its appearance and answer from the files, the Capital City Bank appeals.
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Appeal from District Court, Santa Ee County; G-. A. Richardson, Judge. Suit to quiet title by the Security Investment & Development Company against James W. Norment and others, in which the Capital City Bank appeared and filed answer containing a counterclaim and sought to have its lien declared prior to the estate of the plaintiff. Prom an order striking its appearance and answer from the files, the Capital City Bank appeals. Appellant had such an interest as entitled it to appear and defend. Secs. 4387, 4388, Code 19l5 In re. Horn’s Est. 73 Atl. 791, 333 Pa. 415; Johnson v. S'amuelson, 117…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This is a suit to quiet title'to certain lands in Santa Fe county, brought by the Security Investment & Development Company, a corporation, against James W. Norment, the County of Santa Fe, unknown claimants and unknown owners. The Capital City Bank appeared and filed an answer, containing a counterclaim, and praying that its lien be declared prior and paramount to the estate of the plaintiff. The rights of the Capital City Bank, the appellant here, were based upon an assignment of a certain judgment rendered against James W. Norment, plaintiff’s immediate…
2Cases cited4 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Brown v. PierceSupreme Court of the United States · 1869
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Young v. TempletonSupreme Court of Louisiana · 1849
3Cited by4 opinions
- Jackson v. HartleyNew Mexico Supreme Court · 1977
- Heath v. GrayNew Mexico Supreme Court · 1954
- Heath v. GrayNew Mexico Supreme Court · 1954
- Pankey v. OrtizNew Mexico Supreme Court · 1921