Bloom v. West
Colorado Court of Appeals
Appeal from the District Court of Las Animas County. A suit in chancery was brought by appellees to be declared to be the owners of one eighth of the water carried by an irrigating ditch known as the “ The Hoehne Ditch,” and in addition to one eighth, of an indefinite quantity, described in the complaint to he “ the owner of the right to use for irrigating, (certain lands described amounting to forty acres or more,) that portion of said water conveyed by said ditch necessary…
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Appeal from the District Court of Las Animas County. A suit in chancery was brought by appellees to be declared to be the owners of one eighth of the water carried by an irrigating ditch known as the “ The Hoehne Ditch,” and in addition to one eighth, of an indefinite quantity, described in the complaint to he “ the owner of the right to use for irrigating, (certain lands described amounting to forty acres or more,) that portion of said water conveyed by said ditch necessary for the proper irrigation for agricultural purposes of said land, and is the owner of the right to use said ditch for…
1Opinion of the CourtReed, J.
■ It appears that as early as 1872 Michael Bashor owned or had possessory titles, or claims, and the possession of the lands now owned by both parties litigant; also, that the Hoelme ditch was in existence and carrying water, and it appears to have been conceded that Bashor was the owner or had the right to one fourth of the water carried by the ditch for the use of his lands. In course of time, Bashor’s lands were divided and passed by conveyances, so that at the time of instituting this suit each of the parties were owners of a portion of it. Neither the date of the construction nor…
2Cases cited1 opinion
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
3Cited by8 opinions
- East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
- Williams v. MagouirkCourt of Appeals of Texas · 1921
- Gelwicks v. ToddSupreme Court of Colorado · 1898
- Longhart Supply Co. v. Keystone Pipe & Supply Co.Court of Appeals of Texas · 1930
- KRM, INC. v. CavinessNew Mexico Court of Appeals · 1996
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