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APODACA v. TOWN OF TOME LAND GRANT

No. 9139.

488 P.2d 105 (1971)

83 N.M. 55

Mrs. Manuel APODACA, formerly Trina Moya, et al., Plaintiffs-Appellants, v. The TOWN OF TOME LAND GRANT, a corporation, a/k/a Tome Land and Improvement Company, a corporation, a/k/a the Tome Land Grant, a community land grant, and all the Shareholders Thereof, and Horizon Corporation, a Delaware Corporation, Defendants-Appellees.

Supreme Court of New Mexico.

August 23, 1971.

Attorney(s) appearing for the Case

Solomon & Roth, Santa Fe, Lorenzo E. Tapia, Albuquerque, for appellants.

Ahern, Montgomery & Albert, Albuquerque, for appellees.

OPINION

OMAN, Justice.

The trial court granted defendants' motion to dismiss plaintiffs' complaint, except as to plaintiff, Floyd Gurule. We reverse.

By the first cause of action of the second amended complaint, plaintiffs attacked the validity of a judgment entered in Cause No. 6492 on the docket of the District Court of Valencia County and sought a determination of their claimed rights in the common lands of the Town of Tome Land Grant, or in the...

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