North Sterling Irr. Dist. v. Knifton
| Decision Date | 27 January 1958 |
| Docket Number | No. 18118,18118 |
| Citation | 320 P.2d 968,137 Colo. 40 |
| Parties | The NORTH STERLING IRRIGATION DISTRICT, a corporation, Stafford Rogers, and Lee A. Adams, Plaintiffs in Error, v. John KNIFTON, Charles J. Knifton, and Shell Oil Company, a corporation, Defendants in Error. |
| Court | Colorado Supreme Court |
Kreager & Sublett, Sterling, for plaintiffs in error North Sterling irr. dist.
George A. Epperson, Fort Morgan, T. Murray Robinson, Oklahoma City, Okl., for plaintiffs in error Stafford Rogers and Lee A. Adams.
Jesse M. Davis, Gordon Watts, Tulsa, Okl., Lennartz & Ecker, Sterling, for defendant in error Shell Oil Co.
Lennartz & Ecker, Sterling, for defendant in error John Knifton and Charles J. Knifton.
In the trial court defendants in error were plaintiffs and plaintiffs in error were defendants. We will refer to them by name, or as they appeared in the trial court; the North Sterling Irrigation District will be referred to as the 'District'.
Involved in this action is the interpretation of a 'Right of Way Deed' executed in August 1909 by John DeSutto to the District covering a 'strip of ground' in the East half of the East half of Section 22, Township 8 N., R. 53 W. Logan County, Colorado. The consideration for this deed was $60 and it is admitted that the instrument was prepared and submitted by the District to John DeSutto, the then owner of the land through which this 'strip of ground' runs, for signature.
The amended complaint of John Knifton, Charles J. Knifton and Shell Oil Company alleged that the farmers and landowners of the semi-arid regions of northeastern Colorado were desirous of securing water for irrigation purposes; to meet this need the District was organized in 1907 under and by virtue of an act of the Colorado General Assembly 'for the sole and only purpose of constructing, maintaining and operating an irrigation project and with powers to acquire by purchase or condemnation such rights and only such rights as were necessary for its irrigation business.' It was further alleged that prior to the month of August 1909 the District had caused to be surveyed a proposed canal or ditch route of more than 50 miles in length for the transportation of water from the South Platte River to a proposed reservoir on Pawnee Creek, such 'proposed ditch or canal being termed and designated as an 'Input Canal' and the proposed course as so surveyed was staked on the ground,' and that the course of said 'Input Canal' was across a portion of the lands owned by John DeSutto.
It was further alleged that John Knifton and Charles J. Knifton are possessed of a fee simple title to all of the surface and one-half of the oil, gas and other minerals in, on and under the East half of the East half of said Section 22, formerly owned by John DeSutto, subject to an easement over the strip of ground described in said Right of Way instrument; that Shell Oil Company is the present owner of a valid oil and gas lease dated May 7, 1947, executed by John Knifton and Charles J. Knifton covering the above described lands, together with an oil and gas lease executed by Lucia DeSutto, successor in interest to John DeSutto. It was further alleged that the District, 'wrongfully representing itself as owner in fee simple of the strip of land described in the aforementioned Right of Way instrument, on the 22nd day of April 1950 executed and delivered an oil and gas lease to Stafford Rogers, purporting to lease the oil and gas underlying such strip' and that Lee A. Adams claims an undivided one-third interest in said lease as assignee of Stafford Rogers.
Plaintiffs prayed that the oil and gas lease executed by the District in favor of Stafford Rogers be cancelled and that the assignment by Stafford Rogers in favor of Lee A. Adams be also cancelled and that the defendants be barred and enjoined from setting up or claiming any right, title or interest in the oil, gas and other minerals underlying the strip of land described in the Right of Way deed.
Defendants placed in issue the allegations of the amended complaint and asserted a fee simple title to the strip mentioned in the Right of Way deed, and prayed judgment accordingly.
Trial to the court resulted in a finding that the allegations of the complaint were true and decreed that John Knifton and Charles J. Knifton 'are the owners in fee simple of all the surface and one-half of the oil, gas and other minerals' under the lands in question, 'subject to an easement in favor of the North Sterling Irrigation District' over the 100 foot strip and subject further to an oil and gas lease in favor of Shell Oil Company. The trial court further decreed that the 'purported oil and gas lease from the North Sterling Irrigation District in favor of Stafford Rogers and one-third assigned to Lee A Adams is a nullity * * * and the same is hereby cancelled and held for naught.' From this adverse judgment defendants bring the case here on writ of error.
The instrument in question was drawn by the District and is denominated a 'Right of Way Deed'. By its terms it conveyed to the District ...
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