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O'CONNOR v. ROLFES

No. 93CA2039.

899 P.2d 227 (1994)

Ruth O'CONNOR, Plaintiff-Appellee, v. George A. ROLFES and Rick Stiving, d/b/a Wildflower Construction, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 3, 1994.

Certiorari Denied July 31, 1995.

Attorney(s) appearing for the Case

Newman E. McAllister, Colorado Springs, for plaintiff-appellee.

The Law Office of Barney Iuppa, Barney Iuppa, Colorado Springs, for defendants-appellants.

Opinion by Judge PLANK.

Defendants, George A. Rolfes and Rick Stiving, doing business as Wildflower Construction, appeal the trial court's judgment awarding plaintiff, Ruth O'Connor, monetary damages for trespass attributable to the improper removal of peat moss claimed under a mineral deed. We affirm.

By warranty deed dated January 2, 1974, Rolfes' predecessor in title conveyed the surface estate to certain real property in Teller county, reserving:

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