Dimpfel v. Beam
Supreme Court of Colorado
Appeal from the District Court of Gunnison County. Hon. Theron Stevens, Judge. Action to quiet title by Thomas L. Beam against W. O’Sullivan Dimpfel. From a judgment for plaintiff, defendant appeals. This is an action for appellee, as plaintiff, to remove a cloud from the title to the Bourbon County lode mining claim, situate in Hinsdale county, Colorado, he claiming title thereto through and by virtue of a certain tax deed.
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Appeal from the District Court of Gunnison County. Hon. Theron Stevens, Judge. Action to quiet title by Thomas L. Beam against W. O’Sullivan Dimpfel. From a judgment for plaintiff, defendant appeals. This is an action for appellee, as plaintiff, to remove a cloud from the title to the Bourbon County lode mining claim, situate in Hinsdale county, Colorado, he claiming title thereto through and by virtue of a certain tax deed. The appellant, defendant below, claims title to the premises under a conveyance from the patentee of the government, which vested in him the fee title to the premises.…
1Opinion of the CourtJustice Goddard
The controlling’ question is whether the tax deed issued to the county is valid, and vested the title to the premises in the county. Upon the trial below, the defendant objected to the introduction of the deed, because of its invalidity for several reasons appearing’ upon its face, among them the want of power in the county to' take or receive the same.
In the view we take of this particular objection, it .becomes unnecessary to consider whether the other objections were well taken or not. By the statute enacted in 1885, Session Laws, p. 323 (Mills’ Ann. Stats., § 3900), the issuance of a tax…
2Cases cited5 opinions
- Gomer v. ChaffeeSupreme Court of Colorado · 1882
- Walsh v. State ex rel. SoulesIndiana Supreme Court · 1895
- Crisman v. JohnsonSupreme Court of Colorado · 1896
- Lovelace v. Tabor Mines & Mills Co.Supreme Court of Colorado · 1901
- Longworth v. JohnsonSupreme Court of Kansas · 1903
3Cited by12 opinions
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- Wilcox v. WesterheideSupreme Court of Oklahoma · 1947
- Little v. WilsonColorado Court of Appeals · 1912
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