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MORRIS v. MERCHANT

No. 8068.

423 P.2d 606 (1967)

77 N.M. 411

Lee Ellen Coleman MORRIS et al., Plaintiffs-Appellants, v. Mary Frances MERCHANT, June J. Kugeler, Gulf Oil Corporation, a corporation, Dorothy Swigart Carlson, Oscar W. Carlson, Marion Tracy Lelevier, John R. Joyce II, Elizabeth P. Joyce, Bruce D. Pardue, Executor of the Estate of C.P. Pardue, Deceased, and Mattie E. Pardue, Defendants-Appellees.

Supreme Court of New Mexico.

February 6, 1967.

Attorney(s) appearing for the Case

James L. Dow, Carlsbad, for appellants.

Stagner, Sage, Walker & Estill, Carlsbad, for Dorothy Swigart Carlson, Oscar W. Carlson, John R. Joyce II, Elizabeth P. Joyce, Bruce D. Pardue, executor of estate of C.P. Pardue, deceased, and Mattie E. Pardue.

McCormick, Lusk, Paine & Feezer, Carlsbad, for Mary Frances Merchant and June J. Kugeler.

OPINION

OMAN, Judge, Court of Appeals.

On October 2, 1963, plaintiffs-appellants filed suit to quiet their claimed title to the mineral interests in separately-described tracts of land. At the time of trial they discovered, apparently for the first time, that the language of the instrument, under which they claimed a reservation in their predecessors in title of the mineral interests in the seventy acres involved...

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