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GARMOND v. KINNEY

No. 11523.

579 P.2d 178 (1978)

Stella M. GARMOND and Beverly Flores, Individually and as members of a class of owners of losts in the San Miguel Acres Subdivision, Plaintiffs-Appellees, v. Edward E. KINNEY abd Jubbet Brick Company, Inc., Defendants-Appellants.

Supreme Court of New Mexico.

May 26, 1978.

Attorney(s) appearing for the Case

Miller & Melton, Steve H. Mazer, Albuquerque, for defendants-appellants.

Toulouse, Krehbiel & DeLayo, Narciso Garcia, Jr., Albuquerque, for plaintiffs-appellees.

OPINION

PAYNE, Justice.

Plaintiffs Stella Garmond and Beverly Flores brought suit individually and as owners of lots in San Miguel Estates seeking a prescriptive easement over land belonging to the defendant, Kinney Brick Company. The land involved is located in the Manzano Mountains. The trial court granted the easement to the plaintiffs and Kinney appeals. We reverse.

In order for the court to grant an easement in favor of the plaintiffs, the plaintiffs...

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