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FARMERS RESERVOIR & IRR. v. SUN PRODUCTION

No. 84CA1379.

721 P.2d 1198 (1986)

FARMERS RESERVOIR & IRRIGATION COMPANY, a Colorado corporation, Plaintiff-Appellant, and Bob D. Hill, Paul V. Hoovler, and Marcus A. Degenhart, Plaintiffs and Third-Party Defendants, v. SUN PRODUCTION COMPANY (Delaware), Defendant and Third-Party Plaintiff, v. AMOCO PRODUCTION CO. and Cannon Farming Company, Third-Party Defendants-Appellees, and James Pullos; John Q. Moses; Paul M. Mershon, Jr.; John H. Hill; Farmers Reservoir and Irrigation Company, a Colorado corporation; J.P. Field; Alvin C. Johnson, Trustee; Ernest P. Heinz; Albert Roy Moser; Cecile Fern Moser; Wesley E. Moser; Wes Moser & Son, Inc.; Union Pacific Land Resources Corp.; Beaver Mesa Exploration Co.; and all unknown persons who may claim any interest in the subject matter of this action, Third-Party Defendants.

Colorado Court of Appeals, Division II.

Rehearing Denied March 13, 1986.

Certiorari Denied July 7, 1986.

Attorney(s) appearing for the Case

Akolt, Dick, & Akolt, John P. Akolt, III, Denver, for plaintiff-appellant.

Gorsuch, Kirgis, Campbell, Walker & Grover, P.C., Wiley Y. Daniel, Mary L. Murphy, Denver, for third-party defendant-appellee Amoco Production Co.

Bosworth & Slivka, P.C., Juli E. Lapin, Arthur H. Bosworth, II, Denver, for third-party defendant-appellee Cannon Farming Co.

BABCOCK, Judge.

In this action for declaratory judgment, the issue is whether two deeds to Farmers Reservoir & Irrigation Company (FRICO) conveyed easements or fee simple interests in land traversed by FRICO's ditches. The parties presented the case to the trial court on briefs supplemented by copies of the deeds and copies of FRICO's articles of incorporation, and amendments thereto. The trial court ruled that the deeds conveyed rights-of-way only. FRICO appeals...

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