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DEVLIN v. BOWDEN

No. 5226.

641 P.2d 1094 (1982)

97 N.M. 547

Edward P. DEVLIN, et al., Plaintiffs, v. Earl BOWDEN, Defendant-Third-Party Plaintiff-Appellant, v. FIRST AMERICAN TITLE INSURANCE COMPANY, Third-Party Defendant-Appellee, and Peter Duval, et al., Third-Party Defendants.

Court of Appeals of New Mexico.

February 16, 1982.

Attorney(s) appearing for the Case

Robert Dale Morrison, A Professional Corp., Taos, Fred M. Standley, Santa Fe, for defendant-third-party plaintiff-appellant, Bowden.

Sumner S. Koch, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for third-party defendant-appellee, First American Title Ins. Co.

OPINION

WALTERS, Chief Judge.

Bowden, appellant, listed for sale through the Devlins (who are not parties to this appeal) a 3,180-acre ranch in Taos County. The listing indicated that ownership of the property included 60% of all mineral rights. The Devlins obtained a purchaser who allegedly refused to consummate the sale either because Bowden was unable to convey 60% of the mineral rights or because some of the mineral rights on the ranch were owned by...

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