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MATKIN v. TURNER

No. 20140.

376 P.2d 988 (1962)

Fred MATKIN and Mona Matkin, Plaintiffs in Error, v. A. C. TURNER and Lucille Turner, and A. W. Des Marteau and W. E. Montgomery, a Partnership doing business as Des Marteau and Montgomery, Defendants in Error.

Supreme Court of Colorado. In Department.

December 10, 1962.

Attorney(s) appearing for the Case

Gordon & Gordon, Lamar, for plaintiffs in error.

Ham & Johnson, Lamar, for defendants in error.

MOORE, Justice.

Defendants in error were plaintiffs in the trial court and we will refer to them by name or as plaintiffs. We will refer to plaintiffs in error as the Matkins or as defendants.

The action was filed by A. C. and Lucille Turner seeking an injunction against Fred and Mona Matkin enjoining them from harvesting "volunteer" wheat from certain real estate in Kiowa county, Colorado, which farm lands had recently theretofore been conveyed by the Matkins...

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