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SILVERSTEIN v. BYERS

No. 11,975.

845 P.2d 839 (1992)

114 N.M. 745

Richard SILVERSTEIN and Judith Henderson, Plaintiffs-Appellees, v. William C. BYERS, Charlotte Lorrayne Byers, Charlotte Simms and Paul Byers, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied January 13, 1993.

Attorney(s) appearing for the Case

Matthew P. Holt, D. Michael Johanson, Sager, Curran, Sturges & Tepper, P.C., Las Cruces, for plaintiffs-appellees.

Robert N. Singer, Mary E. Stewart, Singer, Smith & Williams, P.A., Albuquerque, for defendants-appellants.

OPINION

CHAVEZ, Judge.

Defendants-appellants Byerses and Simms appeal from a non-jury trial in favor of plaintiffs-appellees Silversteins where the district court found that an easement across the Byerses' property was established by implication, necessity, prescription and use and that an easement across the Simms's property was established by prescription and acquiescence. The issue now presented is whether there was sufficient evidence in support of the...

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