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HUNTSMAN v. SMITH

No. 6152.

312 P.2d 103 (1957)

62 N.M. 457

George HUNTSMAN, Plaintiff-Appellee, v. Morris SMITH, Defendant-Appellant.

Supreme Court of New Mexico.

June 7, 1957.

Attorney(s) appearing for the Case

Lewis R. Sutin, Albuquerque, for appellant.

Charles M. Tansey, Jr., Farmington, for appellee.

KIKER, Justice.

At the time suit was filed plaintiff and defendant were owners of adjoining lots in the town of Farmington. Plaintiff owned lot numbered 11 and defendant, a resident of Albuquerque, owned lot 12 to the north of lot 11.

At the south boundary line of lot 12 there was a wall. In the building of this wall a shallow ditch was first made in the earth and into this was first placed some mortar, then some rock or boulders, then more

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