Morton v. Ft. Lyon Canal Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Action by Nellie W. Morton and Frances Kent Wells against the Et. Lyon Canal Company. Judgment for defendant, and plaintiffs bring error.
1Opinion of the Court
CARLAND, Circuit Judge.
This case is ruled by our opinion in No. 4644 (238 Fed. 495, - C. C. A. -), this day filed, except that the demurrer in this case stated as one of the grounds of demurrer that there was a misjoinder of parties plaintiff. The complaint alleges that title to the land taken vested in the plaintiffs May 12, 1899, and continued in them until June 17, 1911, when Frances Kent' Wells conveyed all her right, title, interest, and right of possession to the .property to the plaintiff Nellie W. Morton.
The complaint also alleged that the property was taken during the years 1910 and…
2Cases cited1 opinion
- Snowden v. Ft. Lyon Canal Co.Court of Appeals for the Eighth Circuit · 1916