WILLIAM K. WARREN FOUNDATION v. BARNES

No. 6634.

354 P.2d 126 (1960)

67 N.M. 187

WILLIAM K. WARREN FOUNDATION, a charitable trust, James E. logan, Winston Miller, Francis J. Cuneo, Katherine C. Schmidt, L. W. Ward and G. T. Buskirk, Defendants-Appellees, v. H. F. BARNES and Oates Golden, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied August 17, 1960.


Attorney(s) appearing for the Case

Atwood & Malone, E. Kirk Newman, Roswell, for appellants.

Hervey, Dow & Hinkle, Paul W. Eaton, Jr., Roswell, for appellees.


CARMODY, Justice.

This case commenced in the lower court on a complaint for interpleader, seeking an adjudication as to the effect of a joint oil and gas lease executed by different owners of separate tracts of land, i.e., whether or not the royalty was pooled. Certain defendants are the appellants and others are the appellees, the plaintiff having no interest other than as a stakeholder. However, before we can consider any of the alleged errors urged by the appellants...

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