High v. Davis

*317TONGUE, J.

These two suits were consolidated on appeal because of the identity of issues raised. In the first case filed Wallace High and others (hereinafter "claimants”) sought a declaratory judgment that they were entitled to exclusive and perpetual hunting, fishing and recreational rights on certain real property formerly owned by Luther Davis and that their rights were superior to the rights of Lomas & Nettleton. The second case was a suit by Lomas & Nettleton to foreclose the two mortgages it had on that real property.

The trial court held that although Lomas & Nettle-ton had some…