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ANDERSON v. TURNER

No. 17800.

296 P.2d 1044 (1956)

Delia ANDERSON and Nels Anderson, Plaintiffs in Error, v. L. E. TURNER and Mary Turner, Defendants in Error.

Supreme Court of Colorado, En Banc.

May 7, 1956.

Attorney(s) appearing for the Case

F. Richard Hite, Denver, for plaintiffs in error.

James J. Patterson, Frank J. Reinhard, Jr., Golden, for defendants in error.

HOLLAND, Justice.

This is another segment of the perennial squabble between the parties hereto over a mountain roadway or easement on their properties. One form of the same controversy was before us in Turner v. Anderson, 130 Colo. 275, 274 P.2d 972. It is unfortunate that too many elements other than fairness and common sense enter into these controversies. A quiet title suit is the proper antidote for this continuing dispute.

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