McFADZEAN v. LOHR

No. 19925.

380 P.2d 20 (1963)

Neil McFADZEAN, Ross A. Davie, Jr., Robert T. Davie, Rosalie Liddle, Leon F. Raber, and Rosa Davie as Sole Devisee, and Ross A. Davie as Executor of the Estate of Ross T. Davie, Deceased, Plaintiffs In Error, v. Hulda J. LOHR, Individually and as Executrix of the Estate of Frank Lohr, Deceased, Edward G. Lohr, Lloyd E. Martin, Dorothy E. Martin, Leland M. Fuchs and Edwin W. Fuchs, Defendants in Error.

Supreme Court of Colorado. En Banc.

March 25, 1963.


Attorney(s) appearing for the Case

Jesse E. Pound, Alamosa, Elizabeth A. Conour, Del Norte, for plaintiffs in error.

William R. Bartlett, Monte Vista, Moses & DeSouchet, Alamosa, for defendants in error.


SUTTON, Justice.

The judgment here for review is concerned with an order of the district court of Rio Grande County quieting title to certain water rights and regulating the administration and management of water rights in the Minor Ditch, an unincorporated mutual ditch. The parties appear here in the reverse order of their appearance in the trial court, where plaintiffs in error were defendants and defendants in error were plaintiffs. They will be referred to as...

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