COULTER v. GOUGH

No. 8588.

454 P.2d 969 (1969)

80 N.M. 312

Dr. T. B. COULTER, Avrome Schuman, Earl Schuman, J. Harold Schuman, Jerald Schuman, Barbara Ann Witten, Saul A. Yager, Saul A. Yager and Robert C. Witten, Trustees, Plaintiffs-Appellees, v. Mar Jo Smith GOUGH, Union Oil Company of California and Frank Lynn Killingsworth, John Henry Killingsworth, Margaret Elizabeth Burns, Edgar Killingsworth, Charlotte Francis Weldon and George Etta Emerson, sole heirs and sole devisees of Mary Etta Killingsworth, Deceased, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied June 10, 1969.


Attorney(s) appearing for the Case

Neal & Neal, Hobbs, for Union Oil Co. of Cal.

Robert W. Ward, Lovington, Hinkle, Bondurant & Christy Roswell, for sole heirs and sole devisees of Mary Etta Killingsworth, and for Mar Jo Smith Gough.

Jennings & Copple, Roswell, for appellees.


OPINION

NOBLE, Chief Justice.

Defendants, Mary Etta Killingsworth (now deceased), Mar Jo Smith Gough, and Union Oil Company of California, have appealed from a judgment quieting the title in plaintiffs to certain mineral interests in Lea County. The decree was a summary judgment based upon the pleadings, depositions, answers to interrogatories, admissions, affidavits and abstracts of title.

Plaintiffs' claim to title to the minerals is based upon...

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