Travelers Insurance v. Childs
Supreme Court of Colorado
Error to the County Court of Weld Coumty. This action was begun in the county court of Weld county by Francis L. Childs, as administrator. Apparently it was brought on the probate side of the court, for the initial pleading is styled a petition, and the party brought into court is called the respondent. The petition contains three causes of action, the first two of which are not involved here, and it is only the third with which this court is concerned.
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Error to the County Court of Weld Coumty. This action was begun in the county court of Weld county by Francis L. Childs, as administrator. Apparently it was brought on the probate side of the court, for the initial pleading is styled a petition, and the party brought into court is called the respondent. The petition contains three causes of action, the first two of which are not involved here, and it is only the third with which this court is concerned. It alleges that Edward Hollister, the testator, died seized and possessed of one eighty acre water right out of canal No. 2 in Weld county,…
1Opinion of the Court
Chtee Justice Campbell
delivered the opinion of the court.
It will be observed that this is a controversy over what the parties call a “ d.eeded ” water right; that is, it passed from the original appropriator by a deed to Hollister. It would seem from some of the exhibits introduced in evidence that an arrangement existed between the canal company, the successor of the original appropriator, and a water right consumer under the canal that the latter might convey to the canal company his water right, and receive a certificate of stock representing his right to the use of water. Hollister,…
2Cases cited4 opinions
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Frank v. HicksWyoming Supreme Court · 1894
- Arnett v. LinhartSupreme Court of Colorado · 1895
- Gelwicks v. ToddSupreme Court of Colorado · 1898
3Cited by24 opinions
- Bessemer Irrigating Ditch Co. v. WoolleySupreme Court of Colorado · 1904
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Edinburg Irr. Co. v. PaschenCourt of Appeals of Texas · 1920
- Denver Joint Stock Land Bank v. MarkhamSupreme Court of Colorado · 1940
- City of Denver v. BrownSupreme Court of Colorado · 1913
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