[Download] "Home Savings and Loan Association v. Esquire Homes Inc." by New Mexico Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: Home Savings and Loan Association v. Esquire Homes Inc.
• Author : New Mexico Supreme Court
• Release Date : January 15, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Initially, this action was filed in July of 1966 in the District Court of Bernalillo County by plaintiff-appellant, Home Savings and Loan Association, which sought to foreclose three mortgages. After service of summons upon defendants-appellees, Frank Southerland and Julia C. Southerland, a default judgment was entered against them on January 6, 1967. Thereafter, in March of 1967, a deficiency judgment in the sum of $14,054.13 was entered against defendants following sale of certain real estate. On April 27, 1973, the defendant, Julia C. Southerland (Frank Southerland having since died), filed a motion in the trial court to set aside the default judgment pursuant to Rules 55 and 60(b)(6), Rules of Civil Procedure [?? 21-1-1(55), 21-1-1(60)(b)(6), N.M.S.A. 1953 (Repl. Vol. 4, 1970)]. Following a hearing, the trial court sustained defendants motion, concluding from the facts adduced that defendant had a meritorious defense to the action and that the deficiency judgment was unjust and should be set aside.

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