The Elbert County tribune., 1898-11-03
Order .A1zolOinS Appeal.

In this cnse the written verified statement In.
court of the state of colorado By the Upper Platte
and Beaver Canal company, owner OF The Upper
and Beaver Canal company, owner OF tho Lower
Platte and Beaver Canal, the samc respectively
being canals or bitches on which priorit,i,es o.
\ by nnal decree, made and entered herein on the
2ist day Of November, A.. D. 1883, has beon pre-
scntcd 10 the undersigned Judge OF said Court, In
his chambers at Boulder. aforesaid, this 18th day
| OF October A. ID. 1888. and the same has been
carefully read and considered by said Judge.
And Il appearing and being shown by saId
statement that the interests claimed by said
claimants in their respective canals are a;dyersey
to the supreme court o. the. state Of Colorado
from said decree and portions thereof which they
feel agrieved; and that, as is said and claimed by
said claimants, an undue advantage in respect Of
Canal as asSns. and ssd Platte
and Beaver Canal company. Is adjudicsted at the
owners OF dlvers irrigation bitches IN snid iriga,
dtehes and canals are by said decree affected In
common adversely to the interests OF said claim
And It further appearing upon inspection and
examination OF said verified statement that tue
names of said bitches adversely interested aud
the claimants thereof respectfully ar mentioned
In said verified statement In appeal are IN accord,
with the said decree and VIII the original ha
statements or claim nled respectively by the
owners Of said respective bitches adversely inter
ested herein.
Now, therefore, It is ordered by the undersigned,
Judge of said Court, that the said statement OF
The Upper Platte and Beaver Canal company and
The Lower Platte and Beaver Canal company,
uray an appeal to the supreme court OF the state
Of Colorado from certain portions OF hain decree;
and more particularly The prayer thereof De- and
the same II hereby approved.
And II is further ordered, that said appeal 50
prayed herein TO the supreme court o. the s,ate OF
yer Canal company and The Lower Platte and Bea'
yer Canal company. as appellants, and ngainsl the
following named companies and indi'iduais as
ffhe Tcise irrigating company. claimant Of the
Tetsel ditch as per sworn statement on me- n ns
pany, a corporation. claimant OF the Fort Morgan
canal as per sworn statement on ME, said COMPANY
being the appellee principally interested; The
Hardin Ditch company, claimant Of the Hardin
ditch, as per sworn statement on hle; The Deuel.
the deuel. and snyder ditch. as per sworn state
ment on file; Daniel A. camheld, claimant OF the
shed ssn wasa Ti'ea onion n Ward and Andrew Wilson.
claimants OF the Ward ditch, as per sworn state
ment. on e Bruce Fl Johnson and %Iiinm Ra,,a. u:
ditch, as per sworn statement on hie; " lllinm
Mcclellan. claimant OF the Mcclellan ditch, as
Claimant OF the Corona Ranch ditch. as per sworn
! statement on die; The New England Live Stock
company, corporation, claimant Of the Riverside
ditch, as per sworn statement on dle; The A. A.
Smith Irrigating Canal and Pipe Line company,
statement on file; Emma FAR, claimant OF the
! Farr ditch. ne per sworn statement on nie John
b. Cooke, Jonathan Huaer . and Moan Miller, @
| statement file; W. c. Schultz, claimant OF the
Schultz ditch, as per sworn statement on me
| priority No. 81 and right to use the water PEI
| faining thereto by means Of the Ammack ditch,
as pei sworn statement on nle; fra1k ward and
Andrew J. Wilson, claimant Of the Valley ditch,
as per sworn statements On die; David e. WYATT
and Dcmosthenes B. Wyatt claimants Of the
on fiie; The Fort Morgan Land and Reservoir
company: corporation, claimant q The Fort
Morgan Land and Reservoir company's ditch, as
per sworn statement on file. Horace y. Pyott,
claimant Of the Brown and Pyott ditnn a. RET
claimant Of the wadlin ditch No. 2, as per sworn
statement file; Isaac d. Miller, claimant OF the
I. d. Miller Well and supply ditch, a. per sworn
sfafernent on nie; GIL, Stephens Co. CO.
| partnership, claimants Of the GIL and Stephens
| ditch, as per sworn statement on nle. The =. IL.
| Parsons 1rrignting Ditch company. claimant OF
the P II; Parsons ditch. as PEI sworn statement
ant OF the sand Arroya ditch; as
per sworn statement on file; The Fort Morgan
Ditch and heseryo,r company, elaiman. o. the
And IL l. further ordered as a condition to said
appeal that appeal bond be fled with the clerk
of said district court to be executed by said appel
lants as principals and with suretler to be sp
proved BY said disttet court or the ladge ,hereo,
which may te awarded against said appellants or
either OF them In said supreme court. which bond
Done in chambers at Boulder, Boulder county,
JAY II. BouGHToN.
District Judge.
STATE OF COLORADO. lss
County OF Weld.
Weld county Colorado. do hereby certify that the
above and foregoing Il true and correct copy of
an order fled and entered in said court by the
| isos
Witness. my hand and seal OF said court this
\ seal Of District FRANK MADDEN.
| lconrt Of We'd clerk District Court,
| county. Colo. J Weld County, Colo.