Hall v. Kearny
Supreme Court of Colorado
Appeal from the District Qourt of Clear Creek County. In 1886, George W. Hall, the owner of the Monitor Extension Lode mining claim, applied for a patent to the same. Kearney and Nolan, claiming to be the owners of the John Randolph and Roscoe Lode mining claims, both conflicting with the Monitor Extension location, instituted this suit in support of two adverse claims filed by them against Hall’s application for a patent.
Read the full summary
Appeal from the District Qourt of Clear Creek County. In 1886, George W. Hall, the owner of the Monitor Extension Lode mining claim, applied for a patent to the same. Kearney and Nolan, claiming to be the owners of the John Randolph and Roscoe Lode mining claims, both conflicting with the Monitor Extension location, instituted this suit in support of two adverse claims filed by them against Hall’s application for a patent. The complaint is in the ordinary form for the claim and possession of real property, with the additional averment that the suit is brought to make good these adverse…
1Opinion of the CourtChief Justice Hayt
The location of the Monitor Extension Lode is subsequent in point of time to both the Roscoe and Randolph locations, made by appellees Kearney and Nolan. The judgment of the district court in favor of appellees must' therefore be sustained, unless it appears that the location of either the Roscoe or Randolph Lodes were not perfected as required by law in the first instance, or that appellees failed to keep the locations good.
The principal point of contention in the court below grew out of the forfeiture claimed by Hall because of the alleged failure of appellees to do the annual labor upon…
2Cases cited2 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Doherty v. MorrisSupreme Court of Colorado · 1891
3Cited by13 opinions
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Copper Mountain Mining & Smelting Co. v. Butte & Corbin Con. Copper & Silver Mining Co.Montana Supreme Court · 1909
- Big Three Mining & Milling Co. v. HamiltonCalifornia Supreme Court · 1909
- United States v. 9,947.71 Acres of Land, More or Less, in County of Clark, State of NevadaDistrict Court, D. Nevada · 1963
- Justice Min. Co. v. BarclayU.S. Circuit Court for the District of Nevada · 1897
8 more not listed; retrieve them via the Exa API.