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HARVEY v. MORRIS

No. 19420.

367 P.2d 352 (1961)

James Gilbert HARVEY, Leonard Howard Harvey, Martha L. Harvey, and Leonard John Harvey, Plaintiffs in Error, v. Joseph H. MORRIS, Jr., and John William Mitchell, W. K. Hurd, Trustee and W. K. Hurd, Individually, et al., Defendants in Error.

Supreme Court of Colorado. En Banc.

As Modified on Denial of Rehearing January 8, 1962.

Attorney(s) appearing for the Case

R. George Silvola, Colorado Springs, for plaintiffs in error.

Roger M. Breyfogle, Canon City, James V. Phelps, Seavy & Seavy, Pueblo, for defendants in error.

HALL, Chief Justice.

The parties appear here in the same order as in the trial court. We refer to plaintiffs in error as Harveys and to the defendants in error as defendants, or by their individual names.

The following facts which preceded the filing of this action appear in the record and are not controverted.

1. Prior to January 19, 1955, one T. W. Giem was the owner of 3,485.09 acres of land located in...

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