GILMAN v. McCRARY

No. 13522.

640 P.2d 482 (1982)

97 N.M. 376

Roy M. GILMAN and Ethel F. Gilman, husband and wife, Plaintiffs-Appellants, v. H.J. McCRARY and Ruth McCrary, husband and wife, Defendants-Appellees.

Supreme Court of New Mexico.

February 9, 1982.


Attorney(s) appearing for the Case

Robert Brack, Clovis, for plaintiffs-appellants.

Rowley, Hammond & Richards, Richard F. Rowley II, Clovis, for defendants-appellees.


OPINION

PAYNE, Justice.

The plaintiff, Gilman, and the defendant, McCrary, neighboring landowners, have had an ongoing boundary dispute. Gilman brought suit seeking a declaratory judgment that the north-south boundary between the properties should be located at a point west of an existing road. McCrary contends that the boundary is east of the road. Alternatively, Gilman sought a declaration of a prescriptive easement in the road which he had used for twenty...

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