Lotspeich v. Dean

COMPTON, Justice.

This is a statutory action to quiet title to certain real property; for accounting, and for partition of interests. The ten year statute of limitations, laches, and other defenses are pleaded. Upon the facts admitted the case was tried and summary judgment dismissing plaintiff’s complaint was entered.

The facts are not in dispute and are in substance as follows:

Dudley Lotspeich, by last will and testament, devised to his widow, Margaret Lotspeich, a life estate in 160 acres of land located in Lea County, New Mexico, with the remainder to his children, Everitte D. Lotspeich,…