Legal Opinion

Percy Consolidated Mining Co. v. Hallam

Supreme Court of Colorado

Decided January 15, 1896PublishedCited by 4 opinions

Appeal from the District Court of Arapahoe County. This was an action, equitable in its nature brought by the appellee against the two appellants and W. J. H. Miller and Nora Miller, his wife. The complaint, briefly summarized, states that in the year 1887 the defendant W. J. H. Miller was the equitable owner, with the right to the legal title, of certain interests in the Harrisburgh, the Denver, and the La Salle mining claims, situate in Pitkin county, Colorado.

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Appeal from the District Court of Arapahoe County. This was an action, equitable in its nature brought by the appellee against the two appellants and W. J. H. Miller and Nora Miller, his wife. The complaint, briefly summarized, states that in the year 1887 the defendant W. J. H. Miller was the equitable owner, with the right to the legal title, of certain interests in the Harrisburgh, the Denver, and the La Salle mining claims, situate in Pitkin county, Colorado. It alleges that the legal title was then in Clinton Markell, who held it in trust for the benefit of said Miller, but that owing to…

1Opinion of the CourtJustice Campbell

There are fourteen errors assigned. Of these the first ten, while “separately alleged,” are not “particularly specified.” They state generally that “ the court erred in its various findings of fact,” but do not specify wherein the error consists. This is not a compliance with rule 11 of this court. The only errors which, under rule 11, we can be called upon to consider, are those numbered respectively as 12, 18, and 14, relating to the admission in evidence of certain agreements between Miller and Hallam, referred to as exhibits 1, 2, and 3. The first of these was the written agreement of…

2Cases cited4 opinions

  1. Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
  2. Webber v. EmmersonSupreme Court of Colorado · 1877
  3. Kutcher v. LoveSupreme Court of Colorado · 1894
  4. Cody v. ButterfieldSupreme Court of Colorado · 1871

3Cited by4 opinions

  1. Debevtz v. New Brantner Extension Ditch Co.Supreme Court of Colorado · 1925
  2. Fastenau v. EngelSupreme Court of Colorado · 1952
  3. Ward v. ShermanArizona Supreme Court · 1901
  4. Goldberger v. LeibowitzSupreme Court of Colorado · 1908

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