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DOTY v. CHALK

No. 80CA0881.

632 P.2d 644 (1981)

Eugene V. DOTY, Plaintiff-Appellee, v. Winford E. CHALK and Virginia A. Chalk, and all Unknown Persons who Claim an Interest in the Subject Matter of the Action, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

August 6, 1981.

Attorney(s) appearing for the Case

George A. Epperson, Donald F. McClary, Edward L. Zorn, Fort Morgan, for plaintiff-appellee.

Allen J. Kincaid & Associates, Richard K. Austin, Brush, for defendants-appellants Winford E. Chalk and Virginia A. Chalk.

VAN CISE, Judge.

Defendants, Winford E. Chalk and Virginia A. Chalk, appealed the trial court's entry of judgment in favor of plaintiff, Eugene V. Doty. We affirm.

This action involves a dispute between plaintiff and defendants over the ownership of a one-acre tract of land situated adjacent to the north side of the Fort Morgan canal in Morgan County.

In 1947, Sarah G. Thomas acquired property north of the property now owned by defendants. Her deed...

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