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APODACA v. TOWN OF TOME LAND GRANT

No. 9824.

520 P.2d 552 (1974)

Mrs. Manuel APODACA et al., Plaintiffs, and Juanita Barela Apodaca et al., Plaintiffs-in-Intervention-Appellants, v. The TOWN OF TOME LAND GRANT, a corporation, a/k/a Tome Land and Improvement Company, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

March 22, 1974.

Attorney(s) appearing for the Case

Ray M. Vargas, Lorenzo E. Tapia, Calvin Hyer, Albuquerque, for appellants.

Ahern & Montgomery, Robert D. Montgomery, Michael L. Danoff, Albuquerque, for appellees.

OPINION

STEPHENSON, Justice.

This appeal is taken from an order denying appellants' motion to intervene.

We affirm.

The common lands of the Tome Land Grant were sold several years ago. The proceeds of sale constitute a substantial fund. The main case here was brought to determine the heirs of the grant. Appellants' claim to share in the fund as heirs of the grant forms the basis for their motion to intervene.

The action was filed...

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