Nelson v. Van Cleve

352 P.2d 269 (1960)

Hoyt F. NELSON et al., Plaintiffs In Error,

v.

J. V. VAN CLEVE, Defendant In Error.

No. 18421.

Supreme Court of Colorado. En Banc.

May 16, 1960.

Maurice Reuler, H. Shields Mason, Denver, for plaintiffs in error.

Benjamin E. Sweet, Denver, for defendant in error.

HALL, Justice.

We will refer to the parties as they appeared in the trial court where plaintiffs in error were defendants and defendant in error was plaintiff.

Plaintiff on January 30, 1957, filed his complaint labelled a "Complaint for Declaratory Judgment," wherein he alleged ownership, derived from recorded deeds from…