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ALVAREZ v. BOARD OF TRUSTEES OF LA UNION TOWNSITE

No. 6132.

309 P.2d 989 (1957)

62 N.M. 319

Jose ALVAREZ et al., Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF LA UNION TOWNSITE et al., Defendants-Appellees. Sidney M. METZGER, Plaintiff-Appellee, v. Mabel CHAVEZ et al., Defendants, Jose R. Alvarez et al., Intervenors-Appellants.

Supreme Court of New Mexico.

Rehearing Denied April 30, 1957.

Attorney(s) appearing for the Case

W.A. Sutherland, Las Cruces, for appellants.

Edwin Mechem, Thomas B. Rapkoch, Las Cruces, for appellees.

McGHEE, Justice.

The land involved in this litigation was granted by the federal government to the probate judge of Dona Ana County on November 11, 1925, to be held in trust for the occupants of the land at the time. This grant was made pursuant to the Federal Townsite Act of 1867, 43 U.S.C.A. § 718. The evidence is conclusive that the occupant of the land in question at the time of the grant was the Catholic Church. In order to implement the disposition of such...

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