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HNG FOSSIL FUELS CO. v. ROACH

No. 13861.

656 P.2d 879 (1982)

99 N.M. 216

HNG FOSSIL FUELS COMPANY, Plaintiff-Appellant, v. T.L. ROACH, Jr., et al., Defendants-Appellees, and Alexander D. THOMSON and Muriel L. Thomson, Defendants-Third Party Plaintiffs-Appellants, v. PUBLIC LANDS EXPLORATION, INC., Third Party Defendant-Appellee.

Supreme Court of New Mexico.

December 29, 1982.

Attorney(s) appearing for the Case

Hinkle, Cox, Eaton, Coffield & Hensley, Paul Kelly, Jr., Roswell, for appellant HNG.

Robert Skinner, Raton, Donald Lesher, Denver, Colo., for appellants Thomson.

Paul A. Kastler, Raton, Modrall, Sperling, Roehl, Harris & Sisk, Allen C. Dewey, Jr., Albuquerque, for appellees Roach, et al.

Steven W. Bowen, Tucumcari, for appellee Public Lands Exploration, Inc.

OPINION

SOSA, Senior Justice.

HNG Fossil Fuels Company (HNG) brought this action in the District Court of Colfax County seeking an order of interpleader and a declaratory judgment determining the entitlement to delay rentals paid under two oil and gas leases affecting 82,172.35 mineral acres in Colfax County.

The T.O. Ranch Company originally owned the property involved in this dispute. In 1963, it conveyed...

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