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METZGER v. ELLIS

No. 6433.

337 P.2d 609 (1959)

65 N.M. 347

Sidney M. METZGER, Bishop of El Paso, Plaintiff-Appellant, v. Alice Peacock ELLIS, Martin Lohman, Oliver Lohman, Pauline Lohman Coulter, Dolores Pennington, Vivian Graham, Daurie V. Peacock, Jr., Oscar Lohman and Francis J. Peacock, Defendants-Appellants, Dona Ana Bend Colony Grant, also known as Dona Ana Bend Colony Community Grant, unknown heirs of the following deceased persons: Felipe Marujo and wife Josefa Cana De Marujo; Louis Barrio, also known as Luis Barrio and wife Maria Romero Barrio, also known as Maria De Los Angeles R., and also Known as Ma. De Los Angeles R.; Pinckney R. Tully, also known as Pinckney R. Fully, also known as P.R. Tully, also known as P. R. Fully, also known as P. K. Tully and also known as P. K. Fully and wife Trinidad C. Fully; Henry J. Cuniffe and wife, Francisca Cuniffe; and Cecilla Luna Sanchez; and all unknown claimants of interest in the premises adverse to the plaintiff, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied April 20, 1959.

Attorney(s) appearing for the Case

W. C. Whatley, La Cruces, Gilbert, White & Gilbert, Edwin E. Piper, Jr., Santa Fe, for plaintiffs-appellants.

Guinn & Guinn, El Paso, Tex., J. Wayne Woodbury, Silver City, for defendant-appellant Alice Peacock Ellis.

Garland & Martin, Las Cruces, for defendants-appellees, Pat J. Riley, Genevieve Riley, Genevieve Sanders and Alfredo Barrio.

CARMODY, Justice.

This is an appeal partially concerned with the refusal of the trial court to grant relief to the plaintiff in a suit to quiet title, wherein the court, in addition to dismissing the plaintiff's complaint, granted the relief prayed for by some of the defendants, enjoining the plaintiff from utilizing the property involved in any way other than provided in a deed of conveyance, which, in brief, attempted to impose a trust. We are also concerned with...

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