[Execution and appraisal not prerequisites to bringing of suit.]

  1. Law
  2. New Mexico Statutes
  3. Judgments, Costs, Appeals
  4. Recovery on Judgments
  5. [Execution and appraisal not prerequisites to bringing of suit.]

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Neither the issuance or levy of execution shall be a prerequisite to the bringing of such suit, nor shall any appraisal of the real estate be required.

History: Laws 1933, ch. 7, § 2; 1941 Comp., § 21-115; 1953 Comp., § 24-1-23.

ANNOTATIONS

Cross references. — For appraisal of property to be sold under judicial sale, see 39-5-5 to 39-5-11 NMSA 1978.

Rights of lien holder. — Holder of a judgment lien on real estate has two or more rights, i.e., the right to the lien, which is a sort of substantive or property right, and a right to the remedies to enforce the lien. Pugh v. Heating & Plumbing Fin. Corp., 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.


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