King v. Ackroyd
Supreme Court of Colorado
Appeal from the District Court of Weld County. This action was brought by Laura King, as plaintiff (appellant here) against Amos Ackroyd, defendant (appellee), to obtain a decree quieting her title to the waste and seepage water collecting in what is designated in the record the “Ackroyd draw”, and to restrain the defendant from interfering with plaintiff’s use of such water for irrigating her lands.
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Appeal from the District Court of Weld County. This action was brought by Laura King, as plaintiff (appellant here) against Amos Ackroyd, defendant (appellee), to obtain a decree quieting her title to the waste and seepage water collecting in what is designated in the record the “Ackroyd draw”, and to restrain the defendant from interfering with plaintiff’s use of such water for irrigating her lands. In the year 1888 Amos Ackroyd was the owner of the south half of the south half of section 30 in township 7 north, range 66 west in Weld county, and also of a part of the southwest quarter of…
1Opinion of the Court
Chiee Justice Campbell
delivered the opinion of the court.
1. The decree is radically wrong. The evidence does not sustain it and the law condemns it. Some of the objections urged by appellant against the rulings of the trial court need not be considered. If it be conceded that the necessary ground was laid for the introduction of oral evidence of the contents of the alleged lost writing, and the secondary evidence admitted by the trial court established the same with the necessary certainty and clearness, and that, if the controversy was one between Ackroyd and Haythorn, the original parties,…
2Cases cited1 opinion
- Travelers Insurance v. ChildsSupreme Court of Colorado · 1898
3Cited by17 opinions
- Fort Lyon Canal Co. v. ChewSupreme Court of Colorado · 1905
- Sturgeon v. BrooksWyoming Supreme Court · 1955
- Bessemer Irrigating Ditch Co. v. WoolleySupreme Court of Colorado · 1904
- Denver Joint Stock Land Bank v. MarkhamSupreme Court of Colorado · 1940
- City of Denver v. BrownSupreme Court of Colorado · 1913
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