Blakely v. Fort Lyon Canal Co.

The questions involved in these cases grew out of the judgment of the lower court rendered in an action brought by defendant in error and appellee against plaintiff in error and appellants, to cancel water rights claimed by them in what is now known as The Fort Lyon Canal. Several of the propositions presented for determination are the same in each case, and they will, therefore, be considered together.

The basis of plaintiff’s claim, as stated in the complaint filed in the court below, is, that the water rights in controversy (excepting those held by the Henry and Porter Investment Companies)…