Colorado Fuel & Iron Co. v. State Board of Land Commissioners
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County. While this suit is nominally a proceeding by way of mandamus to compel the state land board to issue a lease to the Colorado Fuel & Iron Company for coal mining purposes on certain lands belonging to the state, we are quite well able to see from the record that it is in reality and in substance a controversy between the Colorado Fuel & Iron Company under their claim of right to this lease as against the Victor Coal & Coke…
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Appeal from the District Court of Arapahoe County. While this suit is nominally a proceeding by way of mandamus to compel the state land board to issue a lease to the Colorado Fuel & Iron Company for coal mining purposes on certain lands belonging to the state, we are quite well able to see from the record that it is in reality and in substance a controversy between the Colorado Fuel & Iron Company under their claim of right to this lease as against the Victor Coal & Coke Company, which holds a lease from the state issued by the land board to the same section. It is unnecessary to state in…
1Opinion of the CourtBissell, P. J.
I have stated this controversy with extreme particularity *93and great fullness because the facts are absolutely essential to a correct understanding of the issue and essential as a basis whereon to apply the law. The legal questions require much less consideration and a very limited argument because .the vital propositions have been determined by the adjudications of the supreme court and our own antecedent decisions. Under those adjudications as we understand them there is in reality but one open question and this respects only the construction of the act of 1887 as amended by the act of 1895,
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2Cases cited9 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Greenwood Cemetery Land Co. v. RouttSupreme Court of Colorado · 1892
- In re Leasing of State LandsSupreme Court of Colorado · 1893
- Post v. DavisCourt of Appeals of Kansas · 1898
- People ex rel. Post v. FlemingNew York Supreme Court · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Davis v. Pensioners Protective Ass'nSupreme Court of Colorado · 1943