Atchison, T. & S. F. RY. Co. v. Dugan
New Mexico Supreme Court
Dugan v. Montoya, 24 N. M. 102, 173 Pac. 118, followed. Appeal from District Court, McKinley County; Reynolds, Judge. Action by the Atchison, Topeka & Santa Fe Railway Company against Sarah Dugan and others. Judgment for plaintiff, and defendants appeal.
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
The decision of this court in the case of Dugan v. Montoya, 24 N. M. 102,173 Pac. 118, is controlling in this case, and requires the affirmance of the judgment of the lower court. The law and facts- are the same in both cases. Appellants argue that the cour.t in that case did not consider and decide the question as to whether the grantees of the quarter section of land involved were the owners of the reversion of the 27.72 acres claimed by the railroad as station grounds, and as such had a right to litigate out with the railroad the question as to whether it…
Also in this document: Concurrence.
2Cases cited2 opinions
- Oregon Short Line Railroad v. StalkerIdaho Supreme Court · 1907
- Dugan v. MontoyaNew Mexico Supreme Court · 1918