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DeCOLA v. BOCHATEY

No. 21217.

420 P.2d 395 (1966)

Mary Ponzio DeCOLA, Louise Ponzio Myska, Alice Ponzio York, and Marie Ponzio Roberts, Plaintiffs in Error, v. Francis R. BOCHATEY, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied December 19, 1966.

Attorney(s) appearing for the Case

Laura Frances Riley, Denver, for plaintiffs in error.

Peter Cosgriff, Leadville, Richard L. Eason, Denver, for defendant in error.

McWILLIAMS, Justice.

This writ of error presents a dispute as to the ownership and right to possession of a tract of land consisting of approximately two acres situate just north of the city of Leadville.

Francis R. Bochatey, who was the plaintiff in the trial court and will hereinafter be referred to as the plaintiff, brought an action under R.C.P. Colo. 105, alleging that he was the owner in fee simple, with the...

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