Branch v. Mays
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant ETSCO, Inc. appeals an adverse judgment which awarded plaintiffs special damages in an action for slander of plaintiffs’ fee simple title to property, and denied defendant recovery on its counterclaim for foreclosure of a materialman’s lien. We reverse plaintiffs’ judgment and affirm the denial of defendant’s counterclaim.
A. Plaintiffs were not entitled to recover special damages.
Plaintiffs’ claim was based on slander of title to plaintiffs’ property by reason of defendant filing for record an invalid materialman’s lien, which affected the marketability of…
Also in this document: Concurrence.
2Cases cited11 opinions
- Matter of ValdezNew Mexico Supreme Court · 1975
- State v. PattenNew Mexico Supreme Court · 1937
- Canavan v. CanavanNew Mexico Supreme Court · 1913
- Garver v. Public Service Company of New MexicoNew Mexico Supreme Court · 1966
- McLean v. PaddockNew Mexico Supreme Court · 1967
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Den-Gar Enterprises v. RomeroNew Mexico Court of Appeals · 1980
- Pacheco v. MartinezNew Mexico Court of Appeals · 1981
- Jemez Properties, Inc. v. LuceroNew Mexico Court of Appeals · 1979
- Berry v. MeadowsNew Mexico Court of Appeals · 1986
- Campbell v. KerrNew Mexico Supreme Court · 1980
4 more not listed; retrieve them via the Exa API.