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SCOTT v. POWERS

No. 18595.

342 P.2d 664 (1959)

Jess A. SCOTT and Freda B. Scott, Plaintiffs in Error, v. Edward J. POWERS, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 3, 1959.

Attorney(s) appearing for the Case

Chester A. Bennett, Fort Collins, for plaintiff in error.

Ralph H. Coyte, Alden T. Hill, Fort Collins, for defendant in error.

KNAUSS, Chief Justice.

We will herein refer to the parties, plaintiffs or defendant, as they were aligned in the trial court, or by name.

Plaintiffs' complaint alleged that they purchased from Floyd E. Harris on August 30, 1937 a portion of the southeast quarter of the southeast quarter of Section 35, Twp. 8 N., R. 69 West of the 6th p. m. in Larimer County, Colorado; that at the time of purchase "there was an established and used access right-of-way of State...

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