MARTINO v. FLEENOR

No. 19428.

365 P.2d 247 (1961)

Fred MARTINO, Inez Martino and John F. Martino, Plaintiffs in Error, v. Charles G. FLEENOR, Bessie Lee Hope Ryan, R. E. Rodgers, and Kenneth K. Fleenor, Defendants in Error.

Supreme Court of Colorado. In Department.

October 2, 1961.


Attorney(s) appearing for the Case

Phillip J. Cabibi, Pueblo, for plaintiffs in error.

Phelps, Fonda & Hays, Pueblo, for defendants in error.


DAY, Justice.

We will refer to the parties either by name or as they appeared in the trial court where the Fleenors, Bessie Lee Hope Ryan and R. E. Rodgers were plaintiffs and the Martinos were defendants.

The validity of a judgment and decree establishing a private roadway over lands owned by the Martinos is challenged by this writ of error. The defendants assign cross error to that portion of the decree designating the road as a private way, whereas the...

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