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MADRID v. SPEARS

Nos. 5604, 5605.

250 F.2d 51 (1957)

Louisa B. MADRID, Ernesto B. Madrid, Julian B. Madrid, Juan Manuel Madrid, Mariana Louisa Madrid, C. J. McBee, Robert H. Maese, Rex Spears and McBee Drilling Company, a partnership; the unknown heirs of the following-named deceased persons: Ernesto Madrid, also known as Ernesto H. Madrid; and all known claimants of interest in the premises adverse to the plaintiff, Appellants, v. Emma C. SPEARS, Appellee. Emma C. SPEARS, Cross-Appellant, v. Louisa B. MADRID, Ernesto B. Madrid, Julian B. Madrid, Juan Manuel Madrid, Mariana Louisa Madrid, C. J. McBee, Robert H. Maese, Rex Spears and McBee Drilling Company, a partnership; the unknown heirs of the following-named deceased persons: Ernesto Madrid, also known as Ernesto H. Madrid; and all unknown claimants of interest in the premises adverse to the plaintiff, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

November 15, 1957.

Attorney(s) appearing for the Case

R. C. Garland, Las Cruces, N. M., for appellants and cross-appellees.

W. C. Schauer, Roswell, N. M., for appellee and cross-appellant.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

MURRAH, Circuit Judge.

Appellee, Spears, a nonresident of New Mexico, brought this diversity action to cancel a deed and quiet her title to an undivided one-half interest in 320 acres of land in New Mexico, on the grounds that her name to the deed was forged. The appellant Madrids, occupying claimants under the deed, denied the forgery, but pleaded alternatively that they had made valuable improvements in good faith under color of title, and that Spears was estopped...

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