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PRICE v. ATLANTIC REFINING COMPANY

No. 8601.

447 P.2d 509 (1968)

79 N.M. 629

W.B. PRICE, a/k/a Weldon B. Price, and H.J. Loe and Rybye M. Loe, his wife, Plaintiffs-Appellees, v. The ATLANTIC REFINING COMPANY, a Corporation, et al., Defendants-Appellees, and S.P. Johnson, Jr., Individually and as Executor of the Last Will and Textament of S.P. Johnson, Deceased, Geraldine O. Johnson, W. C. Hubbard, W. S. Montgomery and Helen H. Bellows, Defendants-Appellants.

Supreme Court of New Mexico.

November 25, 1968.

Attorney(s) appearing for the Case

Girand, Cowan & Reese, Hobbs, for appellee Price.

Robert W. Ward, Lovington, for appellees Simpson & Wright.

Atwood & Malone, Robert A. Johnson, Paul A. Cooter, Roswell, Heidel, Swarthout & Samberson, Lovington, for appellants.

OPINION

COMPTON, Justice.

This is the second appeal of this case. Price v. Johnson, 78 N.M. 123, 428 P.2d 978. The controversy here centers around a reservation of a royalty interest in a warranty deed from T.L. Price and Gladys Louise Price, his wife, plaintiffs' predecessors in title, to C.J. Beach. The granting clause of the deed conveyed "an undivided one-half interest in the following...

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