HERRERA v. TOWN OF ATRISCO

No. 7647.

412 P.2d 253 (1966)

76 N.M. 81

Roberto I. HERRERA, Plaintiff-Appellee, v. TOWN OF ATRISCO, a Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

March 14, 1966.


Attorney(s) appearing for the Case

Joe L. Martinez, C. LeRoy Hansen, Pete V. Domenici, Albuquerque, for appellant.

Arturo G. Ortega, Ben F. Roybal, Albuquerque, for appellee.


MOISE, Justice.

This is a declaratory judgment proceeding in which the plaintiff seeks to have his rights under a "Mining Lease" determined.

On September 9, 1957, the Board of Trustees of defendant entered into a "Mining Lease" with plaintiff by the terms of which plaintiff was granted a lease of the "mineral rights of any and every nature whatsoever" on the Town of Atrisco Grant containing 50,000 acres, more or less, excepting the lands theretofore deeded...

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