Kelly v. Mullin

Opinion by

Mr. Justice Day.

This action had its inception in the district court of Yuma County and was brought by defendants in error, hereinafter referred to as the Mullins, against the Kellys, plaintiffs in error, pursuant to C.R.S. 1963, 118-11-1 to 3, inc., alleging that the boundary line between parcels of property owned by the respective parties was in dis pute. The Mullins prayed that the court establish the true boundary between the adjoining parcels of land.

The Kellys, alleging one of the defenses as provided in 118-11-3, put in issue “by proper plea” the fact that a fence running in a…