Pull v. Barnes

350 P.2d 828 (1960)

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Pull v. Barnes

Supreme Court of Colorado
350 P.2d 828 (1960)

  • Written by Joseph Bowman, JD

Facts

Burnard T. and Margaret H. Pull (plaintiffs) purchased an acre of land to build a cabin. Margaret Barnes and Mary E. Moffat (defendants) owned the adjacent property. During construction of the cabin, the defendants stopped by the build site. After completion, the defendants tried to negotiate a right-of-way through the Pulls’ land. The Pulls refused, and the defendants had a survey done. Before that, none of the parties were aware that most of the land the Pulls purchased belonged to the defendants, including the land the cabin was built on. The defendants built a fence to exclude the Pulls from the property and claimed that the cabin was now part of the property as a matter of law. The Pulls filed suit in the District Court of Jefferson County seeking a judicial determination of the property line, damages, and other relief. The Pulls argued that the defendants were estopped from claiming the cabin by their behavior. The trial court expressed a desire to grant relief, but claimed the principle of equitable relief set out in Golden Press v. Rylands, 235 P.2d 592 (1951) was inapplicable. The Pulls appealed to the Supreme Court of Colorado.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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