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Hunt v. Brewer

91 P.2d 485, 104 Colo. 375, 1939 Colo. LEXIS 294
CourtSupreme Court of Colorado
DecidedMay 22, 1939
DocketNo. 14,567.
StatusPublished
Cited by5 cases

This text of 91 P.2d 485 (Hunt v. Brewer) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt v. Brewer, 91 P.2d 485, 104 Colo. 375, 1939 Colo. LEXIS 294 (Colo. 1939).

Opinion

Mr. Justice Bakke

delivered the opinion of the court.

Plaintiee in error, plaintiff below, brought suit.to enjoin defendants from misusing, as she alleged, a street which she contends is dedicated to public use. The trial court refused the injunction and dismissed the complaint. Reversal is sought on application for supersedeas, both sides requesting that disposition be made of the matter on the application. Reference will be made to the parties as they appeared in the court below.

The tract in controversy is a part of Columbia avenue, in the town of Derby, located just north of Denver, in Adams county. The original townsite was platted November 15,1889, but there never has been any acceptance of the dedication. The recorded plat shows Columbia avenue extending through the land here involved (lots 3 and 4 Brewers Resubdivision infra), and between lots 40 and 49 according to the original plat, owned by plaintiff.

*377 September 22, 1933, defendants Tipton Brewer and Pearl E. Brewer subdivided and replatted Block 50 of the original townsite, including a part of Blocks 39 and 50, recording a plat thereof, and vacated the part of Columbia avenue as indicated on the following map:

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Bluebook (online)
91 P.2d 485, 104 Colo. 375, 1939 Colo. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-brewer-colo-1939.