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ATCHISON, TOPEKA v. NORTH COLORADO SPRINGS

No. 81CA1109.

659 P.2d 702 (1982)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Plaintiff-Appellee, v. The NORTH COLORADO SPRINGS LAND AND IMPROVEMENT COMPANY, a Colorado corporation, Defendant-Appellant, Hiram P. Bennet, also known as Hiram P. Bennett, et al., Defendants. The NORTH COLORADO SPRINGS LAND AND IMPROVEMENT COMPANY, a Colorado corporation, Plaintiff-Appellant, v. CITY OF COLORADO SPRINGS, a Colorado municipal corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 14, 1982.

Attorney(s) appearing for the Case

Grant, McHendrie, Haines & Crouse, P.C., Peter J. Crouse, Denver, for plaintiff-appellee.

Edward H. Flitton, III, Colorado Springs, for defendant-appellant and plaintiff-appellant.

Gordon D. Hinds, City Atty., Jackson L. Smith, Asst. City Atty., Colorado Springs, for defendant-appellee.

VAN CISE, Judge.

This action was brought by the Atchison, Topeka and Santa Fe Railway Company (the Santa Fe) pursuant to C.R.C.P. 105 to quiet title to a strip of land approximately 4,000 feet in length and 200 feet wide located in El Paso County, Colorado. Defendant North Colorado Springs Land and Improvement Company (North Colorado) answered and counterclaimed, seeking to quiet title in it to fractional interests in portions of the strip. The interests of all other...

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