Grand Valley Irrigation Co. v. Lesher
Supreme Court of Colorado
Appeal from, the District Court of Mesa County. The plaintiffs, in their amended complaint, filed on the 7th of May, 1896, allege, among other things, that the plaintiffs are the several owners of lands, lying, under the ditch of the defendant, which, since 1882 had been irrigated therefrom; that they and their grantors are, and have been during all of said time, the owners of certain perpetual, non-assessable water rights and rights to the use of water therein, and the…
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Appeal from, the District Court of Mesa County. The plaintiffs, in their amended complaint, filed on the 7th of May, 1896, allege, among other things, that the plaintiffs are the several owners of lands, lying, under the ditch of the defendant, which, since 1882 had been irrigated therefrom; that they and their grantors are, and have been during all of said time, the owners of certain perpetual, non-assessable water rights and rights to the use of water therein, and the owners of certain head gates in and along said ditch through which they take water therefrom into their respective laterals…
1Opinion of the CourtJustice Steele
No error was committed by the Court in striking parts of the answer, nor in sustaining the demurrer to the second defense. The Grand River Ditch Company, having recognized the transfer of the certificates without a surrender and transfer upon the books of the company, waived that provision; and the defendant cannot complain, because it took title to the property through a deed which expressly reserves these very certificates. It is not a denial of the plaintiffs’ allegation that the defendant furnished water at the headgates free of cost, to aver that upon taking possession it notified…
2Cases cited4 opinions
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- McPhee v. YoungSupreme Court of Colorado · 1889
- Haney v. PeopleSupreme Court of Colorado · 1888
- James v. McPheeSupreme Court of Colorado · 1886
3Cited by26 opinions
- Navajo Development Co. v. SandersonSupreme Court of Colorado · 1982
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
- Gutheil Park Investment Co. v. Town of MontclairSupreme Court of Colorado · 1904
- Murphy v. KerrCourt of Appeals for the Eighth Circuit · 1925
- Welles v. Colorado National Life Assurance Co.Supreme Court of Colorado · 1910
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