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MONTOYA v. BARRERAS

No. 8990.

473 P.2d 363 (1970)

81 N.M. 749

Joseph M. MONTOYA, Plaintiff-Appellee, v. Lucy BARRERAS et al., Defendants-Appellants.

Supreme Court of New Mexico.

August 10, 1970.

Attorney(s) appearing for the Case

Solomon, Stillinger & Lunt, Santa Fe, for appellants.

Standley, Witt & Quinn, Santa Fe, Frank P. Dickson, Jr., Albuquerque, for appellee.

OPINION

SISK, Justice.

Twenty of the defendants in a quiet-title action appeal from that portion of the final decree which relieved and excluded from the burden of residential restrictions and covenants one lot owned by plaintiff in a subdivision in Santa Fe, New Mexico in which these defendants also owned lots.

Defendants rely on three points, but because we hold that the second point is controlling and...

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