Mitchell v. Espinosa

243 P.2d 412 (1952)

125 Colo. 267

MITCHELL et al.

v.

ESPINOSA et al.

No. 16566.

Supreme Court of Colorado, en Banc.

March 17, 1952.

Johnson & Robertson, Denver, for heirs of Paul Mitchell.

Eakes & Eakes, Durango, for defendants in error.

MOORE, Justice.

We will herein refer to the parties as they appeared in the trial court where plaintiffs in error were defendants, and defendants in error were plaintiffs, or by name.

The action was instituted under the provisions of Rule 105(a), R.C.P.Colo., for the purpose of obtaining a complete adjudication of the rights of the parties in and to real estate…