PARR v. WORLEY

No. 12090.

599 P.2d 382 (1979)

93 N.M. 229

Roy L. PARR and Flora E. Parr, his wife, James Howard Parr and Walter R. Parr, Plaintiffs-Appellees, v. L.B. WORLEY and Tenneye Maye Worley, his wife, Morris T. Worley and C. Kemble Worley, Defendants-Appellants.

Supreme Court of New Mexico.

August 27, 1979.


Attorney(s) appearing for the Case

Matkins & Martin, W.T. Martin, Jr., Carlsbad, for defendants-appellants.

Crouch, Parr & Valentine, Walter R. Parr, Las Cruces, for plaintiffs-appellees.


OPINION

EASLEY, Justice.

Parr sued Worley to quiet title to the mineral interest in land occupied by a public highway. Worley counterclaimed to quiet title in himself. The court granted summary judgment for Parr. We reverse.

The questions are whether a deed conveying land "lying to the East of" the highway includes the east one-half of the highway and whether a designation of the acreage is controlling in determining the intent of the grantor.

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