Legal Opinion

Reynolds v. Campling

Supreme Court of Colorado

Decided September 15, 1896PublishedCited by 11 opinions

Appeal from the District Court of Otero County. This action was brought by Mary B. Campling, as plaintiff, for the purpose of removing a cloud from the title of six hundred and forty (640) acres of land, situate in Otero county, Colorado, and known as “Indian Claim No. 12,” for which a patent was issued on the 20th day of September, 1870, to one Armama Smith.

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Appeal from the District Court of Otero County. This action was brought by Mary B. Campling, as plaintiff, for the purpose of removing a cloud from the title of six hundred and forty (640) acres of land, situate in Otero county, Colorado, and known as “Indian Claim No. 12,” for which a patent was issued on the 20th day of September, 1870, to one Armama Smith. The plaintiff, in her complaint, alleges possession and ownership of the land in controversy, and avers that the defendant claims some adverse title or interest therein. The defendant, in his answer, denies the possession of plaintiff;…

1Opinion of the Court

Chiee Justice Hayt

delivered the opinion of the court.

Both parties to this action claim title to the premises in controversy under a United States patent. The patentee, Armama Smith, is described in the patent as a half-breed Indian, “ who claims (under the fifth article of the treaty, concluded October 14, 1865, between the United States and the Cheyenne and Arapahoe tribes of Indians) 640 acres of land.” This treaty, in so far as it is necessary to be considered upon this review, reads as follows :

“ Treaty between the United States of America and the Qheyenne and Arapahoe tribes of Indians,…

2Cases cited3 opinions

  1. Wall v. MagnesSupreme Court of Colorado · 1892
  2. Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
  3. Walker v. PogueColorado Court of Appeals · 1892

3Cited by11 opinions

  1. Lambert v. MurraySupreme Court of Colorado · 1911
  2. Butler v. FarnerSupreme Court of Colorado · 1985
  3. Speer v. PeopleSupreme Court of Colorado · 1912
  4. Hartford Fire Insurance v. HammondSupreme Court of Colorado · 1907
  5. Daugherty v. PeopleSupreme Court of Colorado · 1925

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