Colorado Reports Volume 45

Colorado Reports Volume 45

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...answer and cross-bill, that said Ward, in pursuance of said agreement, and during the year last aforesaid, did construct, enlarge and extend said ditch, and that thereafter and until on, to wit, October 14th, 1899, when he sold and conveyed his said lands to the plaintiff, complied _fully with the terms of said oral agreement. That said Sanderson and her grantees, since said ditch enlargement and extension, have continued to use the water from said ditch upon the lands between it and the gulch from which the water supply is taken, just as was done prior to its said extension and enlargement. That irrigation had been thus continuously carried on by _ said Sanderson and her grantees, upon said lands under said agreement, up-to the time of the granting of the injunction herein. That the plaintiff had full and actual notice of the right the defendants claimed to have in and to saidditch, and knew that said defendants and their grantors were, at said time, and for a long time prior thereto had been, exercising acts of ownership over said ditch, and flowing water therein for the purpose of irrigating their lands thereunder. Yet, that said plaintiff, in the face of said knowledge, deliberately, fraudulently and designedly, without any actual notice or attempt at actual notice to the defendants, or any or either of them, but secretly, and upon constructive notice only, did obtain from the district court-of Douglas county the decree upon which they rely herein for equitable relief, and did then and there intentionally and willfully withhold and conceal the aforesaid facts, touching the rights of the defendants in and to said ditch, and to the use of water therein, from the court granting said decree. The defendants, upon their said further answer...
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Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236929659
  • 9781236929655