POUCHOULOU v. HEATH

No. 18181.

326 P.2d 656 (1958)

John POUCHOULOU and Jean Pouchoulou, doing business as Pouchoulou Brothers, a Partnership, Plaintiffs in Error, v. Frank F. HEATH and Ruth Heath, Defendants in Error.

Supreme Court of Colorado, En Banc.

June 9, 1958.


Attorney(s) appearing for the Case

Moynihan, Hughes, Knous & Shook, Montrose, for plaintiffs in error.

Brooks & Miller, Montrose, for defendants in error.


KNAUSS, Justice.

Plaintiffs in error will be designated as plaintiffs and defendants in error will be referred to as defendants, the positions they occupied respectively in the trial court.

This action concerns the right of defendants to take water out of Alder Creek in San Miguel County, Colorado. The main issue tried and determined by the trial court was whether defendants had abandoned their decreed water right to water out of Alder Creek.

The trial...

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