SMITH v. TOWN OF FOWLER

No. 18280.

333 P.2d 1034 (1959)

Opal SMITH and Thelma Smith Mihan, Plaintiffs in Error, v. TOWN OF FOWLER, Colorado, a Municipal Corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

January 12, 1959.


Attorney(s) appearing for the Case

Roy A. Payton, Pueblo, for plaintiffs in error.

Thulemeyer & Stewart, La Junta, A. L. Forbes, Fowler, for defendant in error.


SUTTON, Justice.

The parties are here in reverse order of their appearance in the trial court and we refer to them as they there appeared or by name.

The Town of Fowler, plaintiff below, claiming to be the owner of a tract of land described as "Lot 1 North of the River, in Section 16, Township 22 south, Range 59 west of the 6th P.M. in Otero County, Colorado", brought this action to quiet title by complaint filed May 23, 1956. Plaintiffs in error, defendants...

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