Supreme Court of New Mexico
Decision Information
Garcia v. Silva - cited by 15 documents
Mardorf v. Norment - cited by 4 documents
Decision Content
FLING V. FLING, 1920-NMSC-089, 26 N.M. 421, 193 P. 499 (S. Ct. 1920)
FLING
vs.
FLING
No. 2471
SUPREME COURT OF NEW MEXICO
1920-NMSC-089, 26 N.M. 421, 193 P. 499
November 06, 1920
Appeal from District Court, Quay County; Leib, Judge.
Suit by Kate E. Fling against George R. Fling. From an order refusing to set aside an execution sale and to set aside the sheriff's deed, defendant appeals.
SYLLABUS
SYLLABUS
Where both appellant and appellee have parted with all their interest in the real estate in controversy, the appeal will be dismissed.
COUNSEL
J. W. Porter, of Tucumcari, for appellant.
JUDGES
Roberts, J. Parker, C. J., and Raynolds, J., concur.
OPINION
OPINION OF THE COURT.
{1} The appeal in this case was from an order of the court refusing to set aside a sale of certain real estate by the sheriff of Quay county to satisfy an execution, and to set aside the sheriff's deed issued in pursuance of said sale. The court refused the relief sought, and an appeal was taken. It has been made to appear to this court that both appellant and appellee have parted with all their interest in the real estate in controversy, and for that reason the appeal will be dismissed under the authority of Mardorf v. Norment, 26 N.M. 221, 190 P. 736; and it is so ordered.