delivered the opinion of the court.

This case in its facts and law is closely parallel with, and is ruled by, case No. 13,358, Riverside Reservoir and Land Company v. Hinderlider, just decided, 96 Colo. 425, 43 P. (2d) 171. The Bijou Irrigation District as plaintiff in error in No. 13,359 filed a separate record and separate assignments of error; but the case was briefed and orally argued jointly with No. 13,358 upon a common abstract of the record.

Judgment affirmed.