Raber v. Lohr

Opinion by

Mr. Justice Sutton.

The dispute before us centers on the question as to whether a certain quitclaim deed which ratified to Elmer E. Underwood one cubic foot of ditch water, also ratified and conveyed another separate cubic foot of water to Frank and Huida J. Lohr through a different chain of title. For previous decisions concerning part of this controversy see Raber v. Lohr, 152 Colo. 1, 380 P.2d 24 (1963) and McFadzean v. Lohr, 152 Colo. 31, 380 P.2d 20 (1963).

The present action stems from Leon F. Raber’s Second Amended Counterclaim asserting title in him to the disputed water. This…