KAESS v. WILSON

No. 17609.

289 P.2d 636 (1955)

M. C. KAESS and Evelyn Kaess, Plaintiffs in Error, v. Maurice E. WILSON, Roy Coleman, also known as LeRoy Coleman, Ada C. Wilson, Hazel W. Coleman, Samuel D. Bunker, Virgil Payne, John K. Cole, Helen Cole and Anna Hiser, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 21, 1955.


Attorney(s) appearing for the Case

Boyle & Witty, Salida, for plaintiffs in error.

Frank H. Means, Pueblo, Moses & DeSouchet, Alamosa, for defendants in error Maurice E. Wilson, Roy Coleman, also known as LeRoy Coleman, Ada C. Wilson and Hazel W. Coleman.

No appearance for defendants in error Samuel D. Bunker, John K. Cole, Helen Cole and Anna Hiser.


KNAUSS, Justice.

The parties to this action appear here in the same order as in the trial court, and will be so referred to, or by name.

In March, 1890, the District Court in Saguache County, Colorado, by decree awarded to Kennedy Ditch No. 2, water priority No. 33 for 9.80 cubic feet of water per second of time out of San Luis Creek. At a later date the point of diversion of 1.80 cubic feet in this appropriation was changed to another and different headgate...

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