La Junta & Lamar Canal Co. v. Hess
Colorado Court of Appeals
Appeal from the District Court of Prowers County. John Hess filed a bill on behalf of himself and other purchasers of water from The La Junta and Lamar Canal Company and its predecessor, The Arkansas River, Land, Reservoir and Canal Company, to compel the performance of a certain condition specified in his deed and in all others which were issued by the Canal Company, providing generally for the transfer to the purchasers by the company of the title to and control of the…
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Appeal from the District Court of Prowers County. John Hess filed a bill on behalf of himself and other purchasers of water from The La Junta and Lamar Canal Company and its predecessor, The Arkansas River, Land, Reservoir and Canal Company, to compel the performance of a certain condition specified in his deed and in all others which were issued by the Canal Company, providing generally for the transfer to the purchasers by the company of the title to and control of the canal on the happening of certain events. Whether the agreement literally provided for the transfer of title is…
1Opinion of the CourtBissell, J.
Most of the difficulties which would have environed this case if its principal questions were res nova have been removed by a recent decision of the supreme court. Wyatt et al. v. Larimer & Weld Ir. Co., 18 Colo. 298.
With some matters discussed in that decision wherein there was a difference of opinion between the majority of this court as then constituted, and it, we have nothing to do. It is here wholly unnecessary to examine the status of a ditch company or of a purchaser of water from it, respecting their relative or their particular estate, title, or property rights either in the ditch,…
2Cases cited1 opinion
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
3Cited by6 opinions
- City of Thornton v. Bijou Irrigation Co.Supreme Court of Colorado · 1996
- Fort Lyon Canal Co. v. Catlin Canal Co.Supreme Court of Colorado · 1982
- Merrick v. Fort Lyon Canal Co.Supreme Court of Colorado · 1981
- La Junta v. Font Lyon Canal Co.Supreme Court of Colorado · 1898
- La Junta & Lamar Canal Co. v. HessSupreme Court of Colorado · 1903
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