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HUGH K. GALE POST NO. 2182, ETC. v. NORRIS

No. 6244.

318 P.2d 609 (1957)

63 N.M. 312

HUGH K. GALE POST NO. 2182, VETERANS OF FOREIGN WARS OF FARMINGTON, New Mexico, a non-profit mutual benefit association, its membership, and Henry A. Miller, Frank Jones, and Frank Briggs, as Trustees, for, and for the use and benefit of said non-profit mutual benefit association, Plaintiffs and Appellants, v. Chester A. NORRIS and Ruby D. Norris, his wife, Defendants and Appellees.

Supreme Court of New Mexico.

November 29, 1957.

Attorney(s) appearing for the Case

Apodaca, Keltner & Fowlie, William G. Fitzpatrick, Albuquerque, for appellants.

Hannett, Hannett & Cornish, Albuquerque, for appellees.

LUJAN, Chief Justice.

This is a suit in equity brought by the plaintiff-appellant against the defendant-appellee to charge him as a constructive trustee ex maleficio and as such to hold the title to certain lots, located in Farmington, New Mexico, for the use and benefit of plaintiff, and to compel restitution of said land. A judgment in favor of defendants was entered by the court below and plaintiff appeals. This case was before this court in Hugh K. Gale, Post...

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