Brown v. King

McGHEE, Justice.

This case is a sequel to the case of King v. Brown, 1955, 59 N.M. 325, 284 P.2d 214, where we upheld a judgment declaring a certain road on the property of the Browns was a public road.

In the present case in count 1, the appellants Brown sought judgment for damages against the appellees King and Payne who were plaintiffs in the former case in their first cause of action on the following grounds:(a) Fraudulently leading them to believe the original suit would be settled in the district court;(b) Securing a surprise setting of the case and preparing for trial without appellants…