Bamforth v. Ihmsen
Wyoming Supreme Court
ERROR to the District Court, Laramie County; HoN. William C. MeNtzer, Judge; Action by Frederick J. Ihmsen as administrator of the estate of Thomas Gardner, deceased, against Fred F. Bam-forth and another to quiet title to interests in ditch and water rights in which cause the heirs of Thomas Gardner, deceased, and C. P. Arnold, intervened. There was a judgment for plaintiffs and intervenors and defendant Bamforth brings error. The material facts are stated in the opinion.
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ERROR to the District Court, Laramie County; HoN. William C. MeNtzer, Judge; Action by Frederick J. Ihmsen as administrator of the estate of Thomas Gardner, deceased, against Fred F. Bam-forth and another to quiet title to interests in ditch and water rights in which cause the heirs of Thomas Gardner, deceased, and C. P. Arnold, intervened. There was a judgment for plaintiffs and intervenors and defendant Bamforth brings error. The material facts are stated in the opinion. Plaintiff' Ihmsen was without capacity to sue; he was clerk of the court and his appointment as administrator was void.…
1Opinion of the Court
Blume, Justice.
This is an action to quiet title to two-thirds interest in tbe Park ditch and tbe alleged right of water of plaintiff’s intestate. Tbe case was brought by Frederick J. Ihmsen, as administrator of Thomas Gardner, deceased, against Fred F. Bamforth and Mary Bamforth. The latter did not appear, and is not connected with these' proceedings in error. The administrator will be hereinafter referred to as plaintiff and Fred F. Bamforth as the defendant, he being plaintiff in error herein. The petition originally contained three causes of action, the first two claiming damages…
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