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SMITH v. WRIGHT

No. 21166.

424 P.2d 384 (1967)

Irvin A. SMITH and J. H. Smith, a Partnership known as Smith Brothers, and Irvin A. Smith, J. H. Smith and Violet Smith, individuals and dba King Coal Company and Smith Brothers, Plaintiffs In Error, v. C. L. WRIGHT and William M. Hunt, Defendants in Error.

Supreme Court of Colorado, En Banc.

February 14, 1967.

Attorney(s) appearing for the Case

C. Hamilton Evans, Denver, for plaintiffs in error.

Perkins & Cobb, William W. Downs, Durango, for defendants in error.

MOORE, Chief Justice.

Defendant in error, hereafter referred to as Wright, brought an action in which he sought a determination of interests in certain described lands, rights-of-way, and easements situated in La Plata county, Colorado.

Prior to January 18, 1939, the real estate involved in this controversy was owned by one Henderson. On that date he sold to Cole and Girard a five-acre tract of hilly land which was underlain with a bed of coal. The coal could...

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