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OSBORNE v. HOLFORD

No. 77-071.

575 P.2d 866 (1978)

J. K. OSBORNE and Ida M. Osborne, Plaintiffs-Appellants, v. James L. HOLFORD, Katie Read, Luigi Sarti, Max E. Read, Howard Read, Henry R. Read, the State of Colorado, and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

February 2, 1978.

Attorney(s) appearing for the Case

Predovich & Ward, Donald J. Banner, Pueblo, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Felipe V. Ponce, Asst. Atty. Gen., Denver, for defendant-appellee State of Colo.

No appearance for the other defendants-appellees.

PIERCE, Judge.

Plaintiffs, J. K. and Ida M. Osborne, brought this action under C.R.C.P. 105, seeking to quiet their title in certain oil, gas, and mineral interests. The trial court found instead that defendant James L. Holford was the rightful owner of the subsurface interests, and it quieted title in him. Plaintiffs appeal. We affirm the trial court to the extent that it found plaintiffs had no claim to the subsurface, but reverse that portion of the judgment which...

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