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GILMAN v. POWERS

No. 9135.

488 P.2d 337 (1971)

83 N.M. 80

Roy M. GILMAN and Ethel F. Gilman, husband and wife, et al., Plaintiffs-Appellants, v. Floyd POWERS and Mary Frances Powers, husband and wife, et al., Defendants-Appellees.

Supreme Court of New Mexico.

August 30, 1971.

Attorney(s) appearing for the Case

Harry L. Patton, Clovis, for plaintiffs-appellants.

J. Fred Boone, Portales, for defendants-appellees.

OPINION

McMANUS, Justice.

Plaintiff instituted this action in the District Court of Roosevelt County. Several amended complaints followed. The essence of the action was a request for a declaratory judgment. The complaint was accompanied by an exhibit in the form of a survey of certain real estate in Roosevelt County and the plaintiffs asked the court to issue its declaratory judgment approving the survey plat and to affirm its correctness. Defendants' answer...

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