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LUMMUS v. BRACKIN

No. 5851.

281 P.2d 928 (1955)

59 N.M. 216

Victor LUMMUS and Wife, Belle Lummus, Plaintiffs-Appellees, v. Ernest BRACKIN, Bell Brackin, Lois Brackin, Mrs. ____ Saunders, Unknown Heirs of Martha A. Brackin, Deceased; Unknown Heirs of Oscar Brackin, Deceased; Unknown Heirs of Worth Brackin, Deceased; and all Unknown Claimants of Interest In the Premises Adverse to Plaintiffs, Defendants-Appellants, and Beatrice Brackin Waggoner and Cities Service Oil Co., Third Party Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied April 25, 1955.

Attorney(s) appearing for the Case

Smith & Smith, Fred C. Tharp, Clovis, for appellants.

James A. Hall, Dee C. Blythe, Clovis, for appellees.

McGHEE, Justice.

This case involves the ownership of a tract of land containing 118.75 acres patented to the heirs of Martha Brackin which the appellee, Lummus, claims to own by virtue of adverse possession and under a tax deed issued to him in 1944.

Lummus' wife joined him as plaintiff in this action and wherever reference is made to appellee's ownership in the singular, his wife's interest shall be deemed included.

The appellee, Lummus, rented the...

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