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SECOND JUDICIAL DISTRICT COUNTY OF BERNALILLO STATE OF NEW MEXICO No. D-202-CV-2020-00092 PALO DURO LIMITED CO., a New Mexico limited liability company, Plaintiff, vs. CONSTANCE L. O'NEILL, IF LIVING, IF DECEASED THE UNKNOWN HEIRS OF CONSTANCE L. O'NEILL, and UNKNOWN CLAIMANTS OF INTEREST IN THE PREMISES ADVERSE TO THE PLAINTIFF, Defendants. NOTICE OF SUIT TO QUIET TITLE TO REAL PROPERTY TO: The above named and described defendants: Constance L O'Neill, if Living, if Deceased the Unknown Heirs of Constance L. O'Neill, and Unknown Claimants of Interest in the Premises Adverse to Plaintiff. You are hereby notified that the above named Plaintiff, Palo Duro Limited Co., has filed an action against you in the above named Court and cause, the general object of which is to quiet the title of the Plaintiff in and to real property located in Bernalillo County, New Mexico, known as 917 Amherst, SE, Albuquerque, New Mexico 87106 and more fully described as follows: Lots numbered Four (4), Five (5) and Six (6), in Block numbered Nine (9), of KNOB HEIGHTS, an Addition to the City of Albuquerque, New Mexico, as the same are shown and designated on the Map of the Subdivision of said Block 9 of Knob Heights, filed in the Office of the County Clerk of Bernalillo County, New Mexico on May 13, 1926. It is alleged that on or about August 21, 1980, Plaintiff's predecessors in title as Purchaser entered into a real estate contract with Constance L. O'Neill as Owner to purchase the above described real property; that a dispute arose between the parties and Constance L. O'Neill obtained and recorded a special warranty deed seeking to terminate the real estate contract; that there was litigation between the parties that was settled and the real estate contract was reinstated and the recordation of the special warranty deed canceled; that the Purchaser paid the real estate contract in full but has not received a warranty deed to the real property. The failure to deliver a warranty deed to the real property has created a cloud on the title of Plaintiffs in and to the real property. Plaintiff is credibly informed and believes that the Defendants named and identified and joined in in this action make some claim of right or interest in or to the above described real property, and for that reason Plaintiff prays for the establishment of its title and estate in and to such real property against such adverse claims, that Defendants be barred and forever estopped from having or claiming any lien upon or any right, title or interest in or to the real property adverse to the title of Plaintiff, and that Plaintiff's title be forever quieted and set at rest. You are further notified that unless you enter or cause to be entered your appearance or file responsive pleadings or motions in the said cause within thirty days of the fourth weekly publication of this Notice of Suit, judgment will be entered against each of the Defendants by default and the relief prayed for by the Plaintiff will be granted. The name and address of counsel for the Plaintiff Palo Duro Limited Co., are Rodey, Dickason, Sloan, Akin & Robb, P.A. (Robert M. St. John), 201 Third Street, NW, Suite 2200, Albuquerque, New Mexico 87103, telephone (505) 768-7337. BY ORDER of the Honorable Victor S. Lopez, District Judge of the Second Judicial District Court of the State of New Mexico and the Seal of the District Court of Bernalillo County entered January 9, 2020. James A. Noel CLERK OF THE COURT By: Cathy Chavez, Deputy Journal: January 14, 21, 28, February 4, 2020 Left-red    Print Legal   Email-red   Published on: Tue January 14, 2020