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TIMBERLAKE v. SOUTHERN PACIFIC COMPANY

No. 8726.

461 P.2d 903 (1969)

R.M. TIMBERLAKE, Plaintiff-Appellant, v. SOUTHERN PACIFIC COMPANY, a Corporation, Henry Page, Robert Page and all unknown Claimants in the Premises adverse to the Plaintiff, Defendants-Appellees.

Supreme Court of New Mexico.

October 27, 1969.

Attorney(s) appearing for the Case

Modrall, Seymour, Sperling, Roehl & Harris, John R. Cooney, Albuquerque, for plaintiff-appellant.

White, Gilbert, Koch & Kelly, Santa Fe, for defendants-appellees.

OPINION

WATSON, Justice.

On February 25, 1907, Lera Page, predecessor in interest to plaintiff-appellant Timberlake, filed with the United States Land Office in Las Cruces a homestead entry on 131.44 acres of land in Dona Ana County, New Mexico. On March 21, 1907, El Paso and Southwestern Railroad Company, predecessor of defendant-appellee Southern Pacific Company, filed with the same land office a plat of survey...

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