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BURNHAM v. CITY OF FARMINGTON

No. 17917.

957 P.2d 1163 (1998)

125 N.M. 129

1998-NMCA-056

Bernice A. BURNHAM, David A. Burnham, and Barbara W. Coleman, Trustees under Trust Agreement dated January 1, 1973, Plaintiffs-Appellees, v. Group One: CITY OF FARMINGTON, a municipal corporation, L.L. Greenleaf, Elmer W. Lanier, and Doris Jean Lanier Group Two: J.J. DeWeerd, Louise A. DeWeerd, Charles P. Cole, Nadine M. Cole, Ross Roll, Wanda Roll, Julius Phillip Schenck, Alberta Schenck, if living; if deceased, the unknown heirs of said Group Two Defendants, deceased; and all Unknown Claims of Interest in the Premises Adverse to the Plaintiffs, Defendants-Appellants.

Court of Appeals of New Mexico.

March 18, 1998.

Attorney(s) appearing for the Case

Robin A. Goble, Alice Tomlinson Lorenz, Miller, Stratvert, & Torgerson, P.A., Albuquerque, for Appellees.

John A. Dean, Jr., Curtis and Dean, Farmington, for Appellant City of Farmington.

OPINION

WECHSLER, Judge.

{1} The boundary line between the properties in this quiet title dispute is the Animas River as it ran in February 1943. The district court located the boundary on the north edge of the river. We conclude that the boundary call to the river in the deeds at issue takes to the middle of the river rather than its north edge. We further conclude that there was substantial evidence for the district court to find that the main channel...

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