Fkanklin Mining Co. v. O'Brien

The appellee O’Brien, who was plaintiff below, is the owner of an undivided one fifth of the Franklin mining claim; the appellant, The Franklin Mining Company, the defendant below, is the owner of the remaining undivided four fifths thereof, the sole owner of the Dr. Franklin mining claim, and the owner of an undivided one half of the Steele mining claim, all situate in the Aspen mining district, Colorado.

The complaint in this case contains two causes of action, but as plaintiff bases his rights upon the second and upon his replication, the first cause of action, which is in the ordinary form…