WESTMORELAND v. CURBELLO

No. 5777.

274 P.2d 143 (1954)

58 N.M. 622

E.A. WESTMORELAND, Plaintiff, Appellant, v. IVA LEE CURBELLO, Defendant, Appellee.

Supreme Court of New Mexico.

September 9, 1954.


Attorney(s) appearing for the Case

Rowley, Breen & Bowen, Tucumcari, for appellant.

Wesley Quinn, Lewis C. Cox, Jr., Clovis, for appellee.


McGHEE, Chief Justice.

The plaintiff appeals from judgment quieting title in the defendant, Iva Lee Curbello, to an undivided one-fifth interest in certain land in Quay county.

Two points are made on the appeal: That the appellant and his predecessors in interest have established ownership of the entire tract in question by adverse possession, and that the defendant is barred by laches from asserting claim of interest in the land.

At the time of his...

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