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PALMER v. DENVER & RIO GRANDE WESTERN RAILROAD CO.

No. 7709.

410 P.2d 956 (1966)

75 N.M. 737

Joseph PALMER, Miles Palmer, Frank Palmer and Paul B. Palmer, Plaintiffs-Appellants, v. The DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, a Colorado Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

February 7, 1966.

Attorney(s) appearing for the Case

Rueckhaus & Brown, Albuquerque, Palmer & Frost, Farmington, for appellants.

Tansey, Wood, Rosebrough & Roberts, Farmington, for appellee.

MOISE, Justice.

Plaintiffs seek to quiet title under the provisions of § 23-1-22, N.M.S.A. 1953, to a strip of land one hundred feet in width running through lands owned by them. Defendant railroad denies plaintiffs' title and asks to quiet title to the same strip in a cross complaint filed by it.

The facts as found by the court, after sustaining a motion to dismiss plaintiffs' complaint at the close of their...

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