Bay State Mining & Townsite Co. v. Jackson
Supreme Court of Colorado
Appeal from the District Court of Gilpin County. This is an action brought by appellees in the district court of Gilpin county to recover possession of certain placer ground situate in Bay State mining district, Gilpin county, Colorado, and described in their complaint as follows: “ A certain gulch or placer mining claim bounded as follows, commencing at the upper boundary line of claim number eighty-seven (87) and running thence down the North Fork of Clear Creek…
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Appeal from the District Court of Gilpin County. This is an action brought by appellees in the district court of Gilpin county to recover possession of certain placer ground situate in Bay State mining district, Gilpin county, Colorado, and described in their complaint as follows: “ A certain gulch or placer mining claim bounded as follows, commencing at the upper boundary line of claim number eighty-seven (87) and running thence down the North Fork of Clear Creek twenty-five hundred feet to the upper boundary line of claim number one hundred and twelve (112), and in width from bank to bank;…
1Opinion of the CourtJustice Goddard
The sufficiency of the complaint was attacked by demurrer, and also by objection to the introduction of testimony, the objections relied on being that the complaint was defective in failing to describe the property by legal subdivisions, or by metes and bounds, and in failing to aver that the sale under the execution was at public vendue. We do not think these objections well taken. It will be seen that the bounds of the placer were given, and that the description was sufficient to enable any one familiar with the property to identify it. It was sufficient to enable the sheriff to identify it…
2Cases cited5 opinions
- Miller v. HardinSupreme Court of Missouri · 1877
- Cooper v. GalbraithU.S. Circuit Court for the District of Pennsylvania · 1819
- McCready v. LansdaleMississippi Supreme Court · 1881
- Merchants' Bank of St. Louis v. HarrisonSupreme Court of Missouri · 1867
- Horning v. SweetSupreme Court of Minnesota · 1880
3Cited by7 opinions
- Terry v. GibsonColorado Court of Appeals · 1912
- Flader v. CampbellSupreme Court of Colorado · 1949
- Victor Investment Co. v. RoerigColorado Court of Appeals · 1912
- Merryman v. KirbyCalifornia Court of Appeal · 1910
- Service v. WestSupreme Court of Colorado · 1915
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