De Graffenried v. Savage
Colorado Court of Appeals
Appeal from the District Court of Montrose County. Appellant was and is the owner of forty acres of land in the county of Montrose. Appellees were the owners of parcels of land south and below that of appellant. In the year 1890 appellees constructed a lateral ditch from a main ditch to their lands for the purpose of irrigating the same.
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Appeal from the District Court of Montrose County. Appellant was and is the owner of forty acres of land in the county of Montrose. Appellees were the owners of parcels of land south and below that of appellant. In the year 1890 appellees constructed a lateral ditch from a main ditch to their lands for the purpose of irrigating the same. The lateral ditch was constructed across the forty acres of land owned by appellant to the lands of the appellees, the ditch being about eighty rods in length and following as near as practically the public road joining the land. It is alleged in the…
1Opinion of the Court
Reed, P. J.,
delivered the opinion .of the court.
No abstract is made of the evidence in the case, the reason given by appellant “ that no error is assigned as to the findings of fact by the court.”
The court found that the ditch was constructed in 1890, and was constructed with the knowledge and consent of the defendant; that no consideration was paid or agreed to be paid by the plaintiffs or their grantors; that no consideration has ever been paid; that the ditch was constructed on a line across the land of appellant practically agreed upon between the parties at the time of the survey ; that…
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