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ATLANTIC REFINING COMPANY v. BEACH

Nos. 8049, 8341.

436 P.2d 107 (1968)

78 N.M. 634

The ATLANTIC REFINING COMPANY, a corporation, Plaintiff-Appellee, v. C. J. BEACH, Edna Beach, Helen H. Bellows, Bean Graham, Ethel Graham, Floyd B. Graham, G. T. Hall, W. C. Hubbard, W. S. Montgomery, Louise Wright Simpson and Elwood Roy Wright, heirs and devisees of Gladys Louise Price, Deceased, Herbert C. Maxwell and Alva L. Maxwell, Defendants-Appellees. W. B. Price and H. J. Loe, Defendants-Appellants.

Supreme Court of New Mexico.

January 8, 1968.

Attorney(s) appearing for the Case

Hinkle, Bondurant & Christy, Michael R. Waller, Roswell, for Atlantic Refining Co.

Harvey C. Markley, Lovington, for C.J. Beach and Edna Beach.

Heidel, Swarthout & Samberson, Lovington, for Hubbard, Montgomery and Bellows.

A.D. Solsbery, Roswell, McCormick, Lusk, Paine & Feezer, Carlsbad, for Floyd Graham, Ben Graham and Ethel Graham.

Robert W. Ward, Lovington, for Simpson and Wright.

John F. Russell, Roswell, for Herbert C. Maxwell and Alva L. Maxwell.

Girand, Cowan & Reese, Hobbs, for appellants.

OPINION

NOBLE, Justice.

Atlantic Refining Company (hereafter referred to as Atlantic) brought suit to quiet title to its lease and mineral interest in certain real estate. The suit required construction of a conveyance denominated "Mineral Deed" as to whether it conveyed a 1/16 of the minerals in place, or ½ of the usual 1/8 royalty. This appeal is from a judgment interpreting the instrument as one conveying a royalty interest, construing the reservation...

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