KENNEDY v. BOND

No. 8548.

460 P.2d 809 (1969)

80 N.M. 734

DOUGLAS V. KENNEDY and Frances S. Kennedy, Plaintiffs-Appellees, v. Willard F. BOND and Yvonne Bond, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied November 13, 1969.


Attorney(s) appearing for the Case

Watson & Watson, Charles S. Solomon, Santa Fe, for appellants.

Montgomery, Federici, Andrews, Hannahs & Morris, Santa Fe, for appellees.


OPINION

HENDLEY, Judge, Court of Appeals.

Appellants and appellees purchased land from a common grantor, Johnstone. Appellees purchased in 1958 and appellants purchased in 1961. Appellees' deed contained the following language:

"Excepting and reserving the following specified rights. * * *

"1. A perpetual easement for ingress and egress over and upon the present existing private road from the public...

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