United Coal Co. v. Canon City Coal Co.
Supreme Court of Colorado
Frror to the District Court of Fremont County. Dependants in error, as plaintiffs below, allege in tlieir complaint, that they are the owners of certain coal lands situate in Fremont county, state of Colorado.
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Frror to the District Court of Fremont County. Dependants in error, as plaintiffs below, allege in tlieir complaint, that they are the owners of certain coal lands situate in Fremont county, state of Colorado. A part of these lands were owned jointly by plaintiffs, and a part by the plaintiff, Harriet Ripley, alone, but at the time of the wrongs recited all were under lease to The Canon City Coal Company, the lease giving the coal company the exclusive right, for a term of ninety-nine years, to mine the coal from all the lands, and to sell and dispose of the same when mined. The complaint…
1Opinion of the CourtChief Justice Hayt
It is contended that The Canon City Coal Company and Harriet Bipley were improperly joined as plaintiffs. The *121argument in support of this contention proceeds upon the theory that the lessor in an action at law is confined to a suit for the injury to the reversion, and the lessee for the injury to the possession. This is undoubtedly true under strict common-law rules; but this is not a common-law action. Here the principal relief sought is equitable in character, and the accounting is merely incidental thereto. Mrs. Ripley was properly joined as plaintiff, as she, with her coplaintiff, was the…
2Cases cited4 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Danielson v. GudeSupreme Court of Colorado · 1887
- Tabor v. SullivanSupreme Court of Colorado · 1888
3Cited by21 opinions
- Miller v. District CourtSupreme Court of Colorado · 1964
- Cree v. LewisSupreme Court of Colorado · 1910
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
- Durant Min. Co. v. Percy Consol. Min. Co.Court of Appeals for the Eighth Circuit · 1899
- Neikirk v. Boulder National BankSupreme Court of Colorado · 1912
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