TABET LUMBER COMPANY, INC. v. Golightly

OPINION

NOBLE, Chief Justice.

In Castillo v. Tabet Lumber Co., 75 N.M. 492, 406 P.2d 361, we held that Luz Castillo had a prescriptive right-of-way easement to and from her property over a roadway across the land involved in this action. Following that decision, Tabet Lumber Company, Inc., plaintiff and appellant (hereafter referred to as Tabet), purchaser of the land involved in this action, brought suit against Pearl Golightly, Tabet’s grantor, defendant and appellee (hereafter referred to as Golightly) to recover damages for breach of a covenant against encumbrances.

Golightly conveyed the…