Schattinger v. Schattinger

A demurrer to the complaint was sustained and plaintiff brings the case here for review.

The purpose of the action was to correct an error in the record of the decree of 1889 adjudicating the priorities of ditches in water district No. 23. We agree with the court below that the better practice is to proceed by motion or petition in the original case, but the present course is sometimes taken. Bessemer Co. v. West Pueblo Co., 65 Colo. 258, 176 Pac. 302; West Pueblo Co. v. Bessemer Co., 72 Colo. 224, 210 Pac. 601.

The complaint states that the plaintiff is the owner in fee of the Lavac ditch with…