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MERSHON v. NEFF

No. 6617.

355 P.2d 128 (1960)

67 N.M. 311

John Mershon and Bernie Bounds, Plaintiffs-Appellants, v. John B. NEFF, Thomas C. Patterson, J.C. Pender, Jane Perrenot and Vivian Hamilton, Individually and as Members of the Official Board of Directors of the Cloudcroft Directory, Defendants-Appellees, J.O. Frilick, Sr., and Ruby v. Frilick, his wife, J.O. Frilick, Jr., a single man, J.C. Read and Josephine Read, his wife, A.D. Mclean, a/k/a Allen D. Mclean, and Barbara A. Mclean, his wife, David L.C. Hover and Helen Hover, his wife, Abe Zicafoose and Flossie Zicafoose, his wife, T.B. Longwell, a single man, and R.F. Anderson, Intervenors-Appellees.

Supreme Court of New Mexico.

September 8, 1960.

Attorney(s) appearing for the Case

Brenton, Boyce & Wilkinson, John P. Otto, Alamogordo, Grantham, Spann & Sanchez, Albuquerque, for appellants.

Garland & Martin, Las Cruces, for defendants-appellees.

John H. Lawless, Jr., Alamogordo, for intervenors-appellees.

MOISE, Justice.

The appellants filed an action seeking a declaratory judgment to the effect that the restrictive covenants imposed in the deeds to Block 1 of the Place of Cloudcroft are no longer applicable thereto and accordingly should be cancelled.

Appellants are successors in interest to P.B. Hendricks, having acquired Block 1 (except certain described pieces) by purchase in 1957. P.B. Hendricks was defendant...

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