Komadina v. Edmondson

OPINION

SPIESS, C. J., Court of Appeals.

This appeal is from a nonsuit granted pursuant to Rule 41(b) [§ 21-1-1(41) (b), N.M.S.A.1953] dismissing plaintiffs’ cause of action at the close of their case. The plaintiffs, Ann Komadina and Frances Komadina brought this action to quiet title to certain lands claimed by them within the exterior boundaries of the Atrisco Land Grant.

The defendants, Edna A. Edmondson, George B. Edmondson, A. A. Herrera and Maria O. Herrera, denied plaintiffs’ claim of title.

Rule 41(b) authorizes the court upon a motion to dismiss at the close of plaintiffs’ case to weigh…