Luxen v. Town of Rifle

Plaintiff in error brought suit in the trial court to enjoin the town of Rifle, a municipal corporation in Garfield county, from using more than its alleged allotment of water from Beaver Creek in said county. Demurrers were, filed by the defendants, which were overruled, and a témpora^ restraining order was entered, after which the defendants answered, setting up the defenses of statute of limitations, estoppel, and res judicata. The replication sought to void these defenses by setting up the plea of acquisition by adverse use. The defendants then demurred to the replication on grounds of…