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HUNING v. POTTS

No. 11012.

564 P.2d 612 (1977)

90 N.M. 407

John L. HUNING and Fred D. Huning, as Trustees of the Huning Land Trust, Plaintiffs-Appellees, v. Dale POTTS, aka Glen Dale Potts, and Terezia Potts, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied June 1, 1977.

Attorney(s) appearing for the Case

Ashby, Rose & Sholer, Philip R. Ashby, Hugh R. Horne, Albuquerque, for defendants-appellants.

Keleher & McLeod, Russell Moore, James B. Collins, M. Ralph Brown, Albuquerque, for plaintiffs-appellees.

OPINION

SNEAD, District Judge.

This is an appeal from a judgment in favor of plaintiffs-appellees, John L. Huning and Fred D. Huning, Jr., as trustees of the Huning Land Trust [hereinafter Huning], and against Dale Potts and Terezia Potts, his wife [hereinafter Potts]. We reverse.

Huning brought an action in trespass, and obtained a judgment enjoining Potts from entering onto or crossing the lands owned or controlled by Huning, and further enjoining...

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