Durkee v. Jones
Supreme Court of Colorado
Appeal from the District Court of El Paso County. The subject-matter of this controversy is an. alleged alley, embracing portions of tbe south forty-eight feet of lots 27 and 28 and block 91 of the city of Colorado Springs. Appellee threatened to close the way claimed to be embraced in this alley. To restrain this act, appellants, as plaintiffs, brought this action in the court below.
Read the full summary
Appeal from the District Court of El Paso County. The subject-matter of this controversy is an. alleged alley, embracing portions of tbe south forty-eight feet of lots 27 and 28 and block 91 of the city of Colorado Springs. Appellee threatened to close the way claimed to be embraced in this alley. To restrain this act, appellants, as plaintiffs, brought this action in the court below. From a judgment denying them the relief demanded, and adjudging appellee the owner of the premises in dispute, unburdened with any easements for alley purposes, they bring the cause to this court for review on…
1Opinion of the CourtJustice Gabbert
Appellants claim their right to the disputed portion of the alley by grant, adverse user under the statute of limitations of the state, and by prescription.
It is urged by counsel for appellee that appellants were not entitled to introduce any evidence to establish a right to the disputed portion of the alley by grant. This point is not well taken. It is alleged in the complaint “ that the plaintiffs, and each of them, are entitled to and have the right to use ” the way in dispute for alley purposes by grant and prescription. This averment is sufficient to advise appellee that plaintiffs would…
2Cases cited11 opinions
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- De Foresta v. GastSupreme Court of Colorado · 1894
- Knight v. LawrenceSupreme Court of Colorado · 1894
- Hopper v. BarnesCalifornia Supreme Court · 1896
- Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Westland Nursing Home, Inc. v. BensonColorado Court of Appeals · 1974
- Trueblood v. PierceSupreme Court of Colorado · 1947
- Jersey Farm Co. v. Atlanta Realty Co.California Supreme Court · 1912
- Reynolds v. Union Savings BankSupreme Court of Iowa · 1912
- Williams v. StirlingColorado Court of Appeals · 1978
4 more not listed; retrieve them via the Exa API.