Aasgaard v. Spar Consolidated Mining & Development Co.

We granted certiorari to review the decision of the Court of Appeals in Spar Consolidated Mining v. Aasgaard, 33 Colo. *158App. 35, 516 P.2d 127 (1973). Our review, however, is limited to Section IV of that decision which deals with an issue concerning respondent Spar’s title to real estate as opposed to petitioner Aasgaard’s claim of title. However, the only issue involved pertains to right of possession and not to title. Therefore, the Court of Appeals’ reference to the application of either the doctrine of res judicata or estoppel for a determination of respondent Spar’s title to the real…