FRIETZE v. FRIETZE

No. 8426.

437 P.2d 137 (1968)

78 N.M. 676

Miguel FRIETZE, Manuel Frietze, Noberto Frietze and Josefa F. Oliver, Plaintiff-Appellants, v. Lorenzo FRIETZE, Defendant-Appellee.

Supreme Court of New Mexico.

January 29, 1968.


Attorney(s) appearing for the Case

T.K. Campbell, Las Cruces, for appellants.

Garland, Martin & Martin, Las Cruces, for appellee.


OPINION

COMPTON, Justice.

This appeal stems from an action by the plaintiffs for a declaratory judgment to determine the interests of the plaintiffs, Miguel Frietze and others, in certain real property. The trial was to the court and, from a judgment quieting title to the property in the defendant, Lorenzo Frietze, on his counterclaim, the plaintiffs have appealed.

The record reveals that in 1887 Daniel Frietze died testate, having devised an undivided...

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