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AMOCO PROD. CO. v. SIMS

No. 13515.

639 P.2d 1178 (1981)

97 N.M. 324

AMOCO PRODUCTION COMPANY, Plaintiff-Appellee, v. Leo V. SIMS, Aline Sims, Ellie I. Sims Spears, Bertha Elizabeth Sims Daugherty and Winnie Lea Sims Kennan, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied November 18, 1981.

Attorney(s) appearing for the Case

Kerr, Fitz-Gerald & Kerr, Ernest L. Carroll, Midland, for defendants-appellants.

Atwood, Malone, Mann & Cooter, Paul Cooter, Roswell, for plaintiff-appellee.

OPINION

RIORDAN, Justice.

This case involves an appeal from a permanent injunction issued by the Lea County District Court which restrained appellant (Sims) from denying appellee (Amoco) the use of a private road across Sims' property. We reverse and remand.

On August 11, 1952, Edgar Watkins conveyed the surface rights to 640 acres of land in Lea County, New Mexico, to members of the Sims family. The warranty...

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