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MIDWEST ROYALTIES v. SIMMONS

No. 6078.

301 P.2d 334 (1956)

61 N.M. 399

MIDWEST ROYALTIES, Inc., a Corporation, Plaintiff-Appellant, v. J.E. SIMMONS, Defendant-Appellee. Charles E. Brown; A.G. Rushing; J.W. Wallrich; J.E. Simmons; M. Stinebaugh; Virgil Linam; Warren Oil Company, a Corporation; H.D. Schenck; Earl Payne; Harriet V. Patten; Joseph N. Hicks and J.L. Burke, Jr., Defendants,

Supreme Court of New Mexico.

September 6, 1956.

Attorney(s) appearing for the Case

Easley, Quinn & Stout, Hobbs, for appellant.

Hervey, Dow & Hinkle, W.E. Bondurant, Jr., Roswell, for appellee.

McGHEE, Justice.

The plaintiff (appellant) brought this action against the defendant, J.E. Simmons, and other defendants who are not concerned for the purpose of this appeal, seeking to quiet plaintiff's title to minerals in certain lands in Lea County. The case was never tried on its merits, and the present appeal is from the decision of the lower court denying plaintiff's motion to vacate an order of dismissal of the action as to defendant and appellee Simmons....

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