LEONARD v. BARNES

No. 7488.

404 P.2d 292 (1965)

75 N.M. 331

J.M. LEONARD and wife, Mary Leonard, Neville G. Penrose and wife, Doris Penrose, Plaintiffs-Appellants, v. J.C. BARNES et al., Defendants-Appellees, Johnson-Walker Oil Company, Intervening Defendant-Appellee, Indiana Oil Purchasing Company, Defendant-Appellee and Counter Claimant and Cross-Claimant in Interpleader.

Supreme Court of New Mexico.

July 19, 1965.


Attorney(s) appearing for the Case

Clarence E. Hinkle, Paul W. Eaton, Jr., Roswell, for appellants.

Atwood & Malone, Roswell, for appellees.


CHAVEZ, Justice.

Appellants, plaintiffs in the lower court, appeal from a judgment dismissing appellants' complaint and adjudging appellees to be the owners of the ¼ of 1/8 royalty interest in question.

The stipulated statement of facts is as follows:

"1. That on June 13, 1946 an oil, gas and mineral lease was made and entered into by and between J.V. Terrill, a bachelor, S.J. Iverson and wife, Marjorie...

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