Cripple Creek Trading & Mining Co. v. Stewart

These parties are hereinafter referred to as the company and Stewart respectively.

Stewart alleging possession, and ownership by virtue of tax deeds, brought this action against the company, as holder of the fee, to quiet title to mining claims. The company denied Stewart’s possession, admitted execution of the tax deeds and that Stewart was the holder thereof, alleged they were void on their face, that, because of defective description the property was not assessed, advertised or sold for the tax in question, that title was in itself, and prayed that it be quieted. All this was put in issue…