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HINDI v. SMITH

No. 7318.

388 P.2d 60 (1963)

73 N.M. 335

Alexander HINDI, Plaintiff-Appellee, v. H. N. SMITH, Defendant-Appellant.

Supreme Court of New Mexico.

December 30, 1963.

Attorney(s) appearing for the Case

Raymond E. Keithly, Truth or Consequences, Hart & Brockman, Tucumcari, for appellant.

Keleher & McLeod, Russell Moore, Albuquerque, for appellee.

CHAVEZ, Justice.

H.N. Smith, defendant in the lower court, appeals from a judgment requiring him to remove a certain gate and fence which he had built across a public road in Torrance County, New Mexico, and enjoining him from obstructing the roadway by a gate or any other obstructions.

Appellee, plaintiff below, alleged that appellant had built a "spite gate and a fence" across a certain public road in Sections 29 and 30, Twp. 3 N., R. 15 E., N.M.P.M., causing...

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