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Parr v. Worley

Supreme Court of New Mexico
599 P.2d 382 (1979)


Facts

Parr (plaintiff) conveyed real property to Worley (defendant) by a deed describing the property as “lying to the East of” an existing highway. The deed described the area of the conveyed parcel as “containing 25 acres, more or less”. Parr later executed a mineral rights deed to a third party that described the area conveyed as “lying west of the east right of way line” of the highway. Worley asserted that the land conveyed to him by Parr’s deed included the land underlying the highway up to the centerline. Parr filed suit to quiet title to the mineral rights underlying the full width of the highway. Worley counterclaimed to quiet title in himself to the land underlying the east half of the highway. The trial court granted summary judgment in favor of Parr. Worley appealed.

Rule of Law

Issue

Holding and Reasoning (Easley, J.)

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