Legal Opinion

Bennet v. North Colorado Springs Land & Improvement Co.

Supreme Court of Colorado

Decided January 15, 1897PublishedCited by 23 opinions

Appeal from the District Court of Ml Paso County. Appellant instituted this action in the district court, alleging that he was the owner by letters patent from the United States of an undivided two ninths interest in 1,720 acres of land in El Paso county, Colorado, particularly describing the same.

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Appeal from the District Court of Ml Paso County. Appellant instituted this action in the district court, alleging that he was the owner by letters patent from the United States of an undivided two ninths interest in 1,720 acres of land in El Paso county, Colorado, particularly describing the same. Plaintiff alleges that he is entitled to the possession of the premises, hut that the defendant wrongfully withholds the same to his damage in the sum of $10,000. A number of parties were named as defendants in this complaint, but as the controversy is only between the plaintiff and The North…

1Opinion of the Court

Chief Jestice Hayt

delivered the opinion of the court.

The plaintiff has certainly been very negligent in asserting his claim to this land. From 1877 to 1889, a period of twelve. years, he neither paid taxes upon the property nor *476did he make any arrangement to have the same paid, or make any claim whatever to the property, although duz'ing this entire period the purchaser at the tax sale and his successors in title were exercising acts of ownership over the premises.

The witness, Frank White, testifies that in the year 1889 he heard the plaintiff say that he was advised of the sale of the…

2Cases cited5 opinions

  1. Roberts v. ThornTexas Supreme Court · 1860
  2. Dubois v. CampauMichigan Supreme Court · 1872
  3. De Foresta v. GastSupreme Court of Colorado · 1894
  4. Brittin v. HandySupreme Court of Arkansas · 1859
  5. Williamson v. RussellWest Virginia Supreme Court · 1881

3Cited by23 opinions

  1. Page v. GillettSupreme Court of Colorado · 1910
  2. McCready v. FredericksenUtah Supreme Court · 1912
  3. Williams v. ConroySupreme Court of Colorado · 1905
  4. Hoyt v. LightbodySupreme Court of Minnesota · 1906
  5. Wood v. McCombeSupreme Court of Colorado · 1906

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