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AGRICULTURAL DITCH & RESERVOIR CO. v. GLEASON

No. 81CA1098.

686 P.2d 802 (1984)

The AGRICULTURAL DITCH AND RESERVOIR CO., Plaintiff-Appellant, v. Kevin L. GLEASON, Mary V. Gleason, Lowell Hutson, Mary F. Hutson, Chris L. Nelson and Linda J. Nelson, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing March 22, 1984.

Certiorari Granted July 2, 1984.

Attorney(s) appearing for the Case

Cockrell, Quinn & Creighton, Victor Quinn, Peter J. Wiebe, Jr., Denver, for plaintiff-appellant.

Sweeney, Ross & Deuben, P.C., William G. Ross, David C. Deuben, Lakewood, for defendants-appellees.

BERMAN, Judge.

Plaintiff, Agricultural Ditch and Reservoir Company, commenced this action against defendants in order to quiet title to certain property. Plaintiff company asserts that it acquired in "limited fee," through an 1876 condemnation proceeding, a piece of land (Parcel A) 40 feet wide, consisting of two strips 20 feet wide along each side of the centerline of a ditch. Plaintiff also claims a prescriptive easement on an additional strip of land (Parcel B...

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