Palmer v. Denver & Rio Grande Western Railroad Co.

MOISE, Justice.

Plaintiffs seek to quiet title under the provisions of § 23-1-22, N.M.S.A.1953, to a strip of land one hundred feet in width running through lands owned by them. Defendant railroad denies plaintiffs’ title and asks to quiet title to the same strip in a cross complaint filed by it.

The facts as found by the court, after sustaining a motion to dismiss plaintiffs’ complaint at the close of their evidence, show that in 1905 the strip of land in question was conveyed to Denver & Rio Grande Railroad Company and thereafter, in 1947, conveyed by it to the defendant, Denver & Rio Grande…