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APODACA v. TOME LAND & IMP. CO. (NSL)

No. 11195.

577 P.2d 1237 (1978)

91 N.M. 591

Mrs. Manuel APODACA, formerly Trini Moya, et al., Plaintiffs-Appellants, v. TOME LAND AND IMPROVEMENT COMPANY (NSL) et al., Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied May 8, 1978.

Attorney(s) appearing for the Case

Ortega, Snead & Dixon, Arturo Ortega, Tapia & Campos, Charles S. Solomon, Santa Fe, Ray M. Vargas, Albuquerque, Ussery, Burciaga & Parrish, Calvin Hyer, Jr., Albuquerque, for plaintiffs-appellants.

Ahern, Montgomery & Pongetti, Floyd D. Wilson, Albuquerque, for defendants-appellees.

OPINION

SOSA, Justice.

This is an appeal from cause no. 14,849 in the District Court of Valencia County which was a suit to determine rights of the parties to the common lands of the Tome Land Grant or to the proceeds of the sale of those lands. The trial court determined that the plaintiffs' and plaintiff-intervenors'/appellants' claims to the lands and proceeds were barred by laches and by the defendant's adverse possession of the land.

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