Lobato v. Taylor
Colorado Supreme Court
71 P.3d 938 (Colo. 2002)
After the Mexican American War, Charles Beaubien acquired a grant of about 1 million acres of land in what would become Colorado. In the 1850s, Beaubien recruited families to settle and live on the land as farmers. In 1863, Beaubien signed a grant (Beaubien Document) that granted the settlers rights of access and the “benefits of pastures, water, firewood and timber, always taking care that one does not injure another.” In 1960, Jack Taylor (defendant) bought a piece of the Beaubien land. Taylor’s deed stated that he acquired the tract subject to “claims of the local people by prescription or otherwise to right to pasture, wood, and lumber and so-called settlement rights in, to, and upon said land.” However, Taylor refused to allow local landowners (plaintiffs) access to the land. The plaintiffs brought suit, claiming they had easement rights to access the land. The Costilla County District Court found in favor of Taylor and the court of appeals affirmed. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Mullarkey, C.J.)
Concurrence/Dissent (Martinez, J.)
Dissent (Kourlis, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.