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STONE v. RHODES

No. 9531.

752 P.2d 1112 (1988)

107 N.M. 96

David STONE, Plaintiff-Appellant, v. Herman RHODES and Fern Rhodes, his wife, Defendants-Appellees.

Court of Appeals of New Mexico.

March 22, 1988.

Attorney(s) appearing for the Case

Stephen Doerr, Doerr & Knudson, P.A., Portales, for plaintiff-appellant.

Richard F. Rowley, II, Clovis, Martha A. Daly, Rothstein, Bailey, Bennett, Daly & Donatelli, Santa Fe, for defendants-appellees.

OPINION

GARCIA, Judge.

In 1982, plaintiff, David Stone (Stone), purchased a twenty-acre tract of land from the City of Portales (City). The City had owned the tract since at least 1942. Defendants Herman and Fern Rhodes (Rhodes) own the property that borders the tract on both the north and west sides. At the time Stone purchased the tract, it had been fenced on all four sides and the Rhodes were leasing it from the City. The fencing on the north side, however...

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