Box v. Rundell
Court of Appeals for the Tenth Circuit
1Opinion of the Court
PICKETT, Circuit Judge.
The appellee 1 herein commenced an ejectment action in the United States District Court for the District of New Mexico against the defendant, W. L. Box, and ap pellant, 2 Mary Box, husband and wife. The purpose of the action was to recover possession of 240 acres of land in Roosevelt County, New Mexico, and damages. Mary Box filed an answer including a counterclaim based upon fraud and false representations of Rundell in a previous real estate transaction. The court, after hearing evidence, dismissed the counterclaim of Mary Box upon the grounds that it was barred by a…
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