Animas Consolidated Mines Co. v. Frazier

BRICE, Justice.

A suit was brought by the appellees against the John I. Hallett Construction Company (hereinafter called “construction company”) to recover royalties, which it was alleged had accrued under a lease of mining properties. The construction company filed an affidavit, as provided by section 1 of chapter 156, N.M.Laws 1931, averring that it had in its possession $1,908.94 which it owed to the owner of the mining property as royalties; and, further, that in addition to the appellees the royalties were also claimed by appellants. The court entered an order which provided that the…