WHATLEY v. WOOD

No. 19609.

366 P.2d 570 (1961)

William J. WHATLEY, Plaintiff in Error, v. Dorothy Stevens WOOD, Truman Stevens Wood, Ben Brown Wood, Marie G. Murphy, and Wallace E. McGowan, as Executor of the Estate of Irene McGowan, deceased, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied December 18, 1961.


Attorney(s) appearing for the Case

Clifford W. Mills, Eugene H. Tepley, Denver, for plaintiff in error.

Lewis, Grant & Davis, Zarlengo, Zarlengo & Seavy, Teller Ammons, Denver, for defendants in error.


MOORE, Justice.

We will refer to plaintiff in error as plaintiff and to defendants in error as defendants or by name where less than all of them are identified.

The action was brought by plaintiff to remove a cloud on the title to numerous patented mining properties located in Garfield county amounting in the aggregate to 1,899.60 acres of land. It is alleged in the complaint that plaintiff is the owner of the property; that defendants assert some interest...

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