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C & F REALTY CORPORATION v. MERSHON

No. 8784.

464 P.2d 899 (1969)

81 N.M. 169

C & F REALTY CORPORATION, a corporation, Plaintiff-Appellee, v. John J. MERSHON and Bernie Bounds, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied February 20, 1970.

Attorney(s) appearing for the Case

Fettinger, Bloom & Overstreet, Alamogordo, Bigbee & Byrd, Santa Fe, for defendants-appellants.

John J. Wilkinson, Alamogordo, William T. Deffebach, El Paso, Tex., for plaintiff-appellee.

OPINION

WATSON, Justice.

This appeal results from a controversy over a portion of an abandoned railroad right-of-way in Cloudcroft, New Mexico. Appellants, the Mershons and the Bounds, the owners of that portion of the right-of-way lying west of the center line, are in dispute with appellee, C & F Realty Corporation, over the half lying east of the center line. The Cloudcroft Company first granted the right...

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