Laura v. Christian
New Mexico Supreme Court
537 P.2d 1389 (1975)
Relevant factsFree
Laura (plaintiff) purchased an interest in property subject to an outstanding mortgage on which Christian (defendant) held a one-quarter cotenancy interest; after only one mortgage payment was made following Laura's purchase, the lender initiated foreclosure, and Laura paid the full mortgage balance to prevent it. Laura then brought a quiet title action to foreclose the interests of Christian and two other cotenants, and the district court quieted title entirely in Laura's favor; Christian appealed.
IssueFree
Whether, under New Mexico law, the assumption by one cotenant of the financial obligations of another cotenant extinguishes title in the delinquent cotenant.