BURGETT v. CALENTINE

No. 5168.

242 P.2d 276 (1951)

56 N.M. 194

BURGETT et al. v. CALENTINE.

Supreme Court of New Mexico.

On Rehearing March 20, 1952.


Attorney(s) appearing for the Case

Mechem & Mechem, Las Cruces, for appellant.

Shipley & Shipley, Alamogordo, for appellees.


LUJAN, Chief Justice.

This is an action for damages in tort and for an injunction to restrain the defendant from interfering with the plaintiffs' use and enjoyment of an easement. The case was tried to the court without a jury and it found in favor of the plaintiffs. From the judgment which followed, the defendant prosecutes this appeal. The parties will be referred to as they appeared in the lower court.

In 1884, James Hunter, the predecessor in title of...

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