Colorado Court of Appeals April 15, 1896 (Larimer & Weld Reservoir Co. v. Cache la Poudre Irrigating Co.)

Reed, P. J.,

delivered the opinion of the court.

Taking up the questions of fact where the evidence was conflicting, I find that the allegation following, contained in the replication: “ (8) That at the same time defendant claims it became a consumer of water from said Dry Creek ditch, in 1891, by the alleged sale or transfer mentioned in said paragraph six of its answer, or in any manner or at