MIDDLE RIO GRANDE CONSERVANCY DISTRICT v. CRABTREE

No. 6864.

365 P.2d 442 (1961)

69 N.M. 197

MIDDLE RIO GRANDE CONSERVANCY DISTRICT, a muncipal corporation, Petitioner-Appellant, v. Mrs. W. D. CRABTREE, otherwise known as Elsie Crabtree; Bernabe L. Hidalgo and Maria J. Hidalgo, his wife; Cresencio V. Molina, Jr.; William Emelio and Mona Emelio, his wife; Frank Williams and Eleanor Williams, his wife; Guy M. Hunter and Florence L. Hunter, his wife; the Unknown Owners of Any of the Lands, Hereinafter Described, Who Make Some Claim, or Who Have a Lien Against the Real Estate Herein Sought to be Condemned, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied November 1, 1961.


Attorney(s) appearing for the Case

Threet & Threet, Albuquerque, for appellant.

Harold O. Waggoner, Charles Barnhart, Albuquerque, for appellees.


MOISE, Justice.

This is an appeal from a judgment fixing the defendant-appellee's damages at $9,067 for the taking of 90.67 acres in a condemnation proceeding instituted by petitioner-appellant. The issue of the amount of damages was tried to the court without a jury.

Appellant complains first that the judgment is not supported by substantial evidence and second that the court erred in refusing to adopt its requested findings 8 and 9 and Conclusion 2, which...

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