Santistevan v. Centinel Bank of Taos

I respectfully dissent. The majority opinion approves a determination, made by the trial court upon defendants’ motion to dismiss, that plaintiff “does not own the rights sought to be enforced.” The defendants moved to dismiss, alleging that if the transfer to plaintiff’s brother had not been made in 1970, “plaintiff defrauded his creditors in a subsequent bankruptcy proceedings and such creditors are the holders of the beneficial interest in said land.” Plaintiff’s deposition and some records of the 1970 bankruptcy case were accepted by the court in support of the motion at the hearing, and…