Apodaca v. Town of Tome Land Grant

OPINION

OMAN, Justice.

The trial court granted defendants’ motion to dismiss plaintiffs’ complaint, except as to plaintiff, Floyd Gurule. We reverse.

By the first cause of action of the second amended complaint, plaintiffs attacked the validity of a judgment entered in Cause No. 6492 on the docket of the District Court of Valencia County and sought a determination of their claimed rights in the common lands of the Town of Tome Land Grant, or in the proceeds from the sale of said lands. By the second and third counts of their complaint they sought equitable relief in the nature of restraining…