CLAY v. BOWLING

No. 6542.

346 P.2d 1037 (1959)

66 N.M. 253

Roland Clay and Annie Lee Clay, his wife, Plaintiffs-Appellees, v. H.H. BOWLING and Nora C. Bowling, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied December 10, 1959.


Attorney(s) appearing for the Case

Joseph T. Cole, Jr., Albuquerque, for appellants.

Iden & Johnson, W.F. Kitts, Albuquerque, for appellees.


McGHEE, Justice.

This case presents another sad picture of parents deeding their home to a son and daughter-in-law under a promise the grantors might occupy it rent-free for the balance of their lives, and not having a competent attorney insert a covenant in the deed evidencing the agreement which would unquestionably run with the land, and thus protect them, with the result they are confronted with a suit seeking to evict them from the premises and for accrued rental...

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