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SCHLEINING v. WHITE

No. 21605.

431 P.2d 458 (1967)

Jake SCHLEINING, Plaintiff in Error, v. Eliie E. WHITE, Individually and as Administratrix of the Estate of Walter A. White, Deceased; Louise Moore; Caryol White, Individually and as Administratrix of the Estate of Alfred Dean White, Deceased, and as Guardian of Burt White and Jo Leyne White, Minors, Defendants in Error.

Supreme Court of Colorado, In Department.

September 11, 1967.

Attorney(s) appearing for the Case

Rexford L. Mitchell, Rocky Ford, for plaintiff in error.

Gordon, Lefferdink & Legg, Lamar, for defendants in error.

DAY, Justice.

We will refer to the plaintiff in error as Schleining and to the various defendants in error as the Whites.

The Whites owned the E½, section 26, Township 22 South Range 49 W of the 6th P.M. for many years. Schleining purchased the NW1/4 of the same section in 1960.

For a number of years a fence "running" north and south separated the two parcels, but it was the understanding and belief of the Whites that it was set approximately...

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