Nesbitt v. Jones

Plaintiff in error was plaintiff in the district court in an action in which he sought to quiet title to certain lands and water rights in Larimer County, Colorado. He named five defendants, but only one of these, the Pleasant Valley and Lake Canal Company, appeared and defended. That company is a mutual ditch company incorporated' in 1879. It holds decreed' priorities from the Cache La Poudre River aggregating 57.15 cubic feet per second of time which are dated as early as 1861.

At ,the .trial the parties stipulated that the only con troverted issue was that of title to a certain undivided…