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ALSTON v. CLINTON

No. 7305.

388 P.2d 64 (1963)

73 N.M. 341

Katharine M. ALSTON and Republic Supply Company, a corporation, Plaintiffs-Appellees, v. J. A. CLINTON, Defendant-Appellant, Black, Sivalls & Bryson, Inc., Plaintiff-In-Intervention-Appellee.

Supreme Court of New Mexico.

December 30, 1963.

Attorney(s) appearing for the Case

Phelps & Norwood, Roswell, for appellees Alston and Republic Supply Co.

L. George Schubert, Hobbs, for appellant.

Kermit Nash, Hobbs, for Black, Sivalls & Bryson, Inc.

CARMODY, Justice.

In 1928, the entire south half of Section 34, Township 18 South, Range 38 East, New Mexico Principal Meridian, was dedicated and platted as the Town of Hobbs. Shortly thereafter, a 230-foot right-of-way traversing the half section was conveyed to Texas-New Mexico Railway Company. The right-of-way description was tied to the west line of Section 34, being 215 feet east of the line. By the original plat and the amended plat thereafter filed and accepted...

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