# Brown v. Gurley

> New Mexico Supreme Court · February 16, 1954 · 58 N.M. 153

URL: https://www.frixlaw.com/law-library/cases/9857045

## Case

- **Full name:** BROWN v. GURLEY; McKAY Et Ux. v. BROWN Et Al.
- **Court:** New Mexico Supreme Court
- **Decided:** February 16, 1954
- **Citations:** 58 N.M. 153; 267 P.2d 134
- **Precedential status:** Published
- **Opinion:** Concurrence by Seymour
- **Judges:** McGhee, Seymour, Sadler, Compton, Lujan
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9857045

## Opinion text

SEYMOUR, Justice (concurring specially)-
I concur in the foregoing opinion except in one respect, immaterial to the conclusion reached.
By the deed to Brown and his wife in 1937, in my opinion Mrs. Brown acquired a one-haif interest in the property as a tenant in common. While this statement is in conflict with the case of August v. Tillian, 1947, 51 N.M. 74 , 178 P.2d 590 , in my judgment the decision in that case is wrong. The only purpose of this special concurrence is an effort to avoid having the rule stated in that case become a rule of property.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9857045. Public record. Not legal advice.