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MORTENSEN v. MORTENSEN

No. 17937.

309 P.2d 197 (1957)

R. E. MORTENSEN and Elizabeth H. Mortensen, Plaintiffs in Error, v. Randall C. MORTENSEN, Helen M. Mortensen, Verda R. Wheeler, Bankers Life Company, of Des Moines, Iowa, L. B. Maytag, Roy Simpson, Elsie Simpson, and The State of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

April 1, 1957.

Attorney(s) appearing for the Case

Henry Blickhahn, Alamosa, for plaintiffs in error.

Moses & DeSouchet, Alamosa, for defendants in error Randall C. Mortensen and Helen M. Mortensen.

DAY, Justice.

The parties are here as they appeared in the trial court.

Plaintiffs filed a petition to condemn certain lands owned by defendants in order to obtain a reservoir site pursuant to C.R.S. '53, 147-5-1 et seq. The procedure in Eminent Domain was strictly followed as provided in C.R.S. '53, 50-1. A commission of three freeholders was appointed to determine the necessity for the taking. They examined the site and heard the testimony of witnesses...

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