15 N.M. 606 | N.M. | 1910
■OPINION OP THE COURT.
It appears that a suit was brought to foreclose a material man’s lien upon a mining claim and decree of foreclosure was awarded. The appellants, owners of the property, were not served with process of any kind. Hpon a notice of a proposed sale under the decree of foreclosure appearing in the local newspaper, the appellants brought an action to enjoin the sale. The court below refused tbe injunction and dismissed tbe complaint, from wbicb judgment appellants appeal.
Tbe judgment of foreclosure was, therefore, absolutely void as against tbe appellants, tbe owners of tbe property.
For the reasons stated tbe judgment of tbe court below will be reversed and tbe cause remanded with instructions to reinstate tbe complaint and award permanent injunction against tbe sale, and it is so ordered.