Kannaugh v. Quartette Mining Co.
Supreme Court of Colorado
Appeal from District Court of Lake County. Action for possession of and damages to real property. Appellee, as plaintiff below, filed its complaint against the appellant, in which, after alleging its own corporate existence, it is declared in substance that it was, and since August 15, 1886, had been, the owner and entitled to the possession of the Little "Winnie lode mining claim, situated in said county, basing its ownership upon a full compliance with the local laws and…
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Appeal from District Court of Lake County. Action for possession of and damages to real property. Appellee, as plaintiff below, filed its complaint against the appellant, in which, after alleging its own corporate existence, it is declared in substance that it was, and since August 15, 1886, had been, the owner and entitled to the possession of the Little "Winnie lode mining claim, situated in said county, basing its ownership upon a full compliance with the local laws and rules of miners, the laws of the United States and of the state of Colorado, and actual prior possession; that about…
1Opinion of the CourtJustice Hayt
Although there is a large number of errors assigned, the determination of two questions will, we think, dispose of all of them.
1. Could plaintiff under the pleadings show title by purchase? Inactions of this character it is provided by the code that ivhen “plaintiff claims the legal right to occupy and possess the premises under the local laws and rules of any mining district, or of the United States, the state of Colorado, or otherwise, the complaint shall contain a brief statement of such possessory claim, and whether the right claimed is by pre-emption or purchase, or by right of actual *345pri…
2Cases cited5 opinions
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Lee v. StahlSupreme Court of Colorado · 1886
- Robinson v. AmesNew York Supreme Court · 1822
- New v. WambachIndiana Supreme Court · 1873
- Hunt v. Eureka Gulch Mining Co.Supreme Court of Colorado · 1890
3Cited by19 opinions
- Conway v. FabianMontana Supreme Court · 1939
- St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co.Supreme Court of Oklahoma · 1909
- Mills v. HartSupreme Court of Colorado · 1898
- Erwin v. PeregoCourt of Appeals for the Eighth Circuit · 1899
- Denver & Rio Grande Railroad v. CahillColorado Court of Appeals · 1896
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