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BROOKS v. TANNER

No. 14933.

680 P.2d 343 (1984)

101 N.M. 203

Jerry R. BROOKS and Ruth N. Brooks, his wife, Plaintiffs-Appellants, v. Lewis Ray TANNER, Jr., Personal Representative of the Estate of Lewis R. Tanner, Sr., Deceased, and all Unknown Claimants of Interest in the Premises Adverse to the Plaintiffs, Defendants-Appellees.

Supreme Court of New Mexico.

April 13, 1984.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, John R. Cooney, Albuquerque, for plaintiffs-appellants.

Edward G. Parham, and McCulloch, Grisham & Lawless, Thomas L. Grisham, Albuquerque, for defendants-appellees.

OPINION

SOSA, Senior Justice.

Plaintiffs Jerry and Ruth Brooks appeal from a district court judgment granting Fermin and Cecilia Herrera (Herreras) the right to use a roadway easement across the Brooks' property.

The issues are whether the provisions of a real estate contract created an express easement for road purposes, or whether a roadway easement was created by prescription or by necessity.

Reference to the following sketch which appears...

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