Legal Opinion

King v. Brown

New Mexico Supreme Court

Decided May 25, 1955No. 5873PublishedCited by 5 opinions

1Opinion of the Court

LUJAN, Justice.

This suit was for injunction to enjoin and restrain the defendants (appellants) from obstructing a certain road located in Rio Arriba County, New Mexico. The judgment was in favor of plaintiffs (appellees) hence this appeal.

The road is situated on land which was public domain and was established prior to the time James T. Bowling, patentee, and his successors in interest and title acquired the land, so we are dealing with the prescriptive right that accrued and ripened into title upon open public land of the United States while the land retained that character.

The court found:

“2…

2Cases cited5 opinions

  1. Sprague v. SteadSupreme Court of Colorado · 1914
  2. Streeter v. StalnakerNebraska Supreme Court · 1901
  3. Wilson v. WilliamsNew Mexico Supreme Court · 1939
  4. Murray v. City of ButteMontana Supreme Court · 1887
  5. Guzman v. AvilaNew Mexico Supreme Court · 1954

3Cited by5 opinions

  1. State v. NesbittIdaho Supreme Court · 1957
  2. Brown v. KingNew Mexico Supreme Court · 1959
  3. Our Lady of the Rockies, Inc. v. PetersonMontana Supreme Court · 2008
  4. Our Lady of the Rockies, Inc. v. PetersonMontana Supreme Court · 2008
  5. State v. NesbittIdaho Supreme Court · 1957

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