RUSSELL v. FENDER

No. 18509.

348 P.2d 712 (1960)

H. E. RUSSELL and Albert Grange, Plaintiffs in Error, v. Veral L. FENDER, Bessie F. Fender, Varoqua Bone, as Executrix under the Last Will and Testament of Nettie V. Fender, L. F. Higginbotham and Olive Higginbotham, Defendants in Error.

Supreme Court of Colorado, In Department.

January 25, 1960.


Attorney(s) appearing for the Case

Frank Delaney, Glenwood Springs, for plaintiffs in error.

Robert Delaney, Kenneth Balcomb, Glenwood Springs, for defendants in error.


MOORE, Justice.

Plaintiffs in error were defendants in the trial court, as were four other persons, not before us on this writ of error. Defendants in error were plaintiffs below. We will refer to the parties as they appeared in the trial court, or by name.

Plaintiffs brought the action to determine the conflicting claims of persons to whom stock had been issued in the Mountain Meadow Ditch and Irrigation Company, Inc., a Colorado corporation. The prayer of...

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