Wheeler v. Monroe

Upon consideration of motion for rehearing the opinion heretofore filed herein is withdrawn and the following substituted in lieu thereof:

OPINION

McMANUS, Chief Justice.

Plaintiffs brought a suit in ejectment against defendants Reid, Clayton, Constant, Parrish, Monroe, Bernardoni, Bauer and Shaffer. The purpose of the suit was to eject these defendants from certain real property which had previously been dedicated by plaintiffs in the original Altiplano Addition plat to the City of Albuquerque as a park. This property, after non-use as a park, was sold by the City of Albuquerque to a local…