State ex rel. State Highway Department v. Hidalgo Area Development Corp.

OPINION

FEDERICI, Justice.

This action originated in the District Court of Hidalgo County. Appellant, State ex rel. Highway Department of New Mexico, had condemned certain properties for an interstate highway. Two tracts within the condemned area were claimed by appellant through purchase and deed. Appellee Koff also claimed the same two tracts by purchase and deed. On motion of appellee, the district court entered a partial summary judgment, holding that appellee was the owner. Appellant took an interlocutory appeal.

The title to the land claimed by appellee has its origin in a conveyance by…