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SKEEN v. BOYLES

Nos. 27,910, 28,318.

213 P.3d 531 (2009)

2009-NMCA-080

Mike SKEEN and Gail Skeen, husband and wife, and Mary Helen Skeen, individually and in her capacity as Attorney-in-Fact for Joseph R. Skeen and Mary Elisa Livingston, Plaintiffs-Appellees, v. Bob BOYLES, deceased, and Jim Boyles, Defendants-Appellants.

Court of Appeals of New Mexico.

June 29, 2009.

Attorney(s) appearing for the Case

Tucker Law Firm, P.C., Steven L. Tucker, Santa Fe, NM, David M. Stevens, Attorneys at Law, P.C., David M. Stevens, Ruidoso, NM, for Appellees.

Caren I. Friedman, Santa Fe, NM, Stevens and Associates, J. Monty Stevens, El Paso, TX, for Appellants.

OPINION

BUSTAMANTE, Judge.

{1} This case centers on the effect of a written land ownership and well-sharing agreement (Agreement) entered into some fifty years ago by the owners of adjacent ranches in southern New Mexico. The Agreement contained a provision that the ranch owners—Joseph and Mary Helen Skeen and William and Ramona Treat— would maintain wells located on their respective properties and supply water to each other's...

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