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BROWN v. KING

No. 6553.

345 P.2d 748 (1959)

66 N.M. 218

Paul BROWN and Marie Anne Brown, his wife, Plaintiffs-Appellants, v. Clyde KING, Homer Blake Browning, sometimes known as H. Blake Browning, and sometimes erroneously known as H.P. Browning, and H.D. Payne, Defendants-Appellees.

Supreme Court of New Mexico.

October 29, 1959.

Attorney(s) appearing for the Case

J.H. Burttram, R.P. Fullerton, Santa Fe, for appellants.

Edward P. Chase, James M. O'Toole, Albuquerque, for Clyde King.

McAtee, Toulouse & Marchiondo, B.J. Stephens, Albuquerque, for H.D. Payne.

McGHEE, Justice.

This case is a sequel to the case of King v. Brown, 1955, 59 N.M. 325, 284 P.2d 214, where we upheld a judgment declaring a certain road on the property of the Browns was a public road.

In the present case in count 1, the appellants Brown sought judgment for damages against the appellees King and Payne who were plaintiffs in the former case in their first cause of action on...

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