HUFF v. McCLANNAHAN

No. 2475.

557 P.2d 1111 (1976)

89 N.M. 762

William D. HUFF, Jr., and Lillian Estelle Huff, Plaintiffs-Appellees, v. Charles McCLANNAHAN and Mrs. Charles McClannahan, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied December 23, 1976.


Attorney(s) appearing for the Case

Harry O. Morris, Albuquerque, for appellants.

Perry S. Key, Albuquerque, for appellees.


OPINION

WOOD, Chief Judge.

Plaintiffs own an easement across defendants' land. The easement "shall be used primarily for a roadway by both the dominant estate ... and the servient estate ..." The trial court found that the roadway granted had been used pursuant to the grant, from the date of the grant. Substantial evidence supports the finding. There is no issue as to the size or location of the easement. The appeal involves the right of defendants, the...

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