Fornwald v. Nelson
Supreme Court of Colorado
Appeal from the District Court of Conejos County. Hon. Charles C. Holbrook, Judge. Action by Piadad Nelson, owner of the Hend Overflow; John Harvey, Jr.; The La Jara Creamery & Live Stock Association; Silas E. Newcomb, owner' of the Arroya Ditch; The Union Ditch Company (a corporation) owner of the Union Ditch; John Harvey, owner of the North Alamosa Ditch; William H. Adams and Alva Adams, owners of the Overflow Ditch; John W. Flintham, David F. Plowe and A. M. Benge, owners…
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Appeal from the District Court of Conejos County. Hon. Charles C. Holbrook, Judge. Action by Piadad Nelson, owner of the Hend Overflow; John Harvey, Jr.; The La Jara Creamery & Live Stock Association; Silas E. Newcomb, owner' of the Arroya Ditch; The Union Ditch Company (a corporation) owner of the Union Ditch; John Harvey, owner of the North Alamosa Ditch; William H. Adams and Alva Adams, owners of the Overflow Ditch; John W. Flintham, David F. Plowe and A. M. Benge, owners of the Flintham Ditch; The Morgan Ditch Company (a corporation) owner of the Morganville Ditch; George Hamilton, owner…
1Opinion of the CourtJustice Campbell
This is an action by plaintiffs (appellees here), appropriators and users of water for irrigation from the-Alamosa river in water district No. 21 in this state, against defendants (appellants), appropriators from the same stream, to restrain the latter from diverting and using water from such stream to the injury of plaintiffs, who, as against defendants, are said to be prior appropriators. The judgment was for plaintiffs, and defendants appeal.
Precisely the same questions of law, and largely the same questions of fact, are involved in this case as in Alamosa Creek Canal Co. v. Nelson, the…
2Cited by1 opinion
- Terrace Irrigation District v. Overflow Ditch No. 1Supreme Court of Colorado · 1921