Martinez v. Martinez

604 P.2d 366 (1979)

93 N.M. 673

Juan F. MARTINEZ, Plaintiff-Appellant,

v.

Gilbert MARTINEZ and Priscilla Martinez, his wife, Defendants-Appellees.

No. 12256.

Supreme Court of New Mexico.

December 31, 1979.

Anthony Lopez, Taos, for plaintiff-appellant.

Eliu E. Romero, Taos, for defendants-appellees.

OPINION

EASLEY, Justice.

Appellant brought suit for declaratory relief and for damages involving a claimed easement for ingress and egress over appellee's land. At the close of appellant's case, the claim was dismissed by the trial court. We reverse and remand.

The question is whether appellant has an easement…