Gonzales v. Gonzales , 116 N.M. 838 ( 1993 )

HARTZ, Judge

(concurring in part, dissenting in part).

I join in all of Chief Judge Minzner’s opinion except for the discussion under the heading “Claim of Angela Benavidez.” I would affirm the summary judgment in favor of Defendants against Angela Benavidez.

The 1984 deed to Benavidez, her husband, and her daughter, contains the notation: “Correction of Deed dated August 10, 1981. Recorded in Book 229 of Deed[s] 2335.” The deed being corrected is unambiguously the 1981 deed from Gertrudes to Angela Benavidez. There is no dispute that the grantees of the 1984 deed, including Angela Benavidez, accepted the deed. Neither the Plaintiffs, the majority opinion, nor my own imagination has supplied me with a plausible explanation of what the “Correction of Deed” language could mean other than that the 1984 deed is intended to substitute for the 1981 deed. Therefore, I fail to understand the statement in the majority opinion that “the correction deed between Gertrudes and Benavidez is devoid of any statement that expresses the intention of the parties to rescind the previous deed.” I would affirm the summary judgment against Angela Benavidez because the correction deed, which she accepted, estops her from claiming under the 1981 deed.