Overland Machinery Co. v. Alpenfels
Supreme Court of Colorado
Appeal from the District Court of Arapahoe .County. Caroline Alpenfels and Thomas F., Lynch,' appellee’s, .as plaintiffs below, brought separate actions, against the defendants, appellants here, to recover, possession of certain parcels of land in the city of Denver. The facts of the two cases are in all material respects the same, and the same legal principles govern each. By consent of. parties they were consolidated and tried as one action.
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Appeal from the District Court of Arapahoe .County. Caroline Alpenfels and Thomas F., Lynch,' appellee’s, .as plaintiffs below, brought separate actions, against the defendants, appellants here, to recover, possession of certain parcels of land in the city of Denver. The facts of the two cases are in all material respects the same, and the same legal principles govern each. By consent of. parties they were consolidated and tried as one action. "The judgment was in favor of the plaintiffs, and the defendants have brought the case here by appeal.'. There was an agreed statement of facts, the…
1Opinion of the Court
Chiee Justice Campbell
(after the foregoing • statement) delivered the opinion of the court.
The respective contentions of the parties may thus be summarized: Both of them claim to be the owners in fee of this disputed strip. The plaintiffs maintain that when the city council vacated that portion of Depot Street contiguous to block 12, the title thereto reverted to the abutting lot owners; or.if Depot Street never was a public street, or was only a highway as to abutting lot owners, then in these abutting owners was vested the fee to the road, subject to any possible easement, to each one such…
2Cases cited9 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- City of Denver v. ClementsSupreme Court of Colorado · 1877
- Thomas v. HuntSupreme Court of Missouri · 1896
- Brown v. TaberSupreme Court of Iowa · 1897
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3Cited by14 opinions
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