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THOMPSON v. FAHEY

No. 12436.

607 P.2d 122 (1980)

94 N.M. 35

Roy B. THOMPSON and Helen L. Thompson, Plaintiffs-Appellees, v. William Francis FAHEY, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 13, 1980.

Attorney(s) appearing for the Case

Arthur L. Bustos, Las Vegas, for defendant-appellant.

Roberto L. Armijo, Las Vegas, for plaintiffs-appellees.

OPINION

EASLEY, Justice.

Thompson filed suit to enjoin Fahey for trespassing on land Fahey allegedly sold to Thompson, for damages resulting form this trespass, and for an order requiring Fahey to accept final payment on a note and to release the mortgage Fahey holds. The trial court granted Thompson's summary judgment motion for the injunction and order, but denied him damages for the trespass after a hearing on the merits on that issue alone. Fahey appeals...

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