Hunt v. Eureka Gulch Mining Co.
Supreme Court of Colorado
Appeal from District Court of San Juan County. Civil Code, section 257, provides that an action may be brought by any person in possession of real property against any person who claims an estate or interest therein adverse to him for the purpose of determining such adverse claim or estate.
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Appeal from District Court of San Juan County. Civil Code, section 257, provides that an action may be brought by any person in possession of real property against any person who claims an estate or interest therein adverse to him for the purpose of determining such adverse claim or estate. Revised Statutes of the United States, section 2326, provides that, where an adverse claim to the issuance of a patent for mining lands is filed during the period of publication of notice of application for the patent, all proceedings shall be stayed until the controversy is settled by a court of competent…
1Opinion of the Court
Richmond, C.
’ By the record m this case it appears that the appellee, defendant below, on the 26th day of October, 1885, filed its application for a United States patent for a certain mining claim, particularly described in the complaint, called “No Name Lode,” under the provisions of sections 2325, 2326, Revised Statutes of the United States; that notice of the application, by direction of the register and receiver of the United States land-office at Durango, Colorado, was published in the Animas Forks Pioneer, and that the notice first appeared in the issue of said newspaper on the 31st day…
Also in this document: Per curiam.
2Cases cited4 opinions
- Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
- Becker v. PughSupreme Court of Colorado · 1886
- Marshall Silver Min. Co. v. KirtleySupreme Court of Colorado · 1888
- Decker v. MylesSupreme Court of Colorado · 1879
3Cited by4 opinions
- Kannaugh v. Quartette Mining Co.Supreme Court of Colorado · 1891
- Dubois v. BowlesSupreme Court of Colorado · 1902
- People ex rel. Darby v. District CourtSupreme Court of Colorado · 1894
- Harding v. BraytonSupreme Court of Colorado · 1933