Wilkins v. Abell
Supreme Court of Colorado
Error to the County Court of Clear Creek County. This action was brought by the defendants in error in the county court of Clear Creek county to recover a money judgment against the plaintiffs in error, and to enforce a miner’s lien.
Read the full summary
Error to the County Court of Clear Creek County. This action was brought by the defendants in error in the county court of Clear Creek county to recover a money judgment against the plaintiffs in error, and to enforce a miner’s lien. The facts upon which the right to this relief was predicated, as alleged in the complaint, are substantially as follows: That the plaintiffs in error, John Wilkins and C. J. Allen, are the owners of the Vesuvius lode mining claim, situate in Clear Creek county, Colorado; and that John Scudder was the lessee of said mining claim; that on April 27, 1896, the…
1Opinion of the CourtJustice Goddard
The question presented for our consideration is whether or not the lien created by section 8 of our 'mechanic’s lien act, as amended in 1895, Session Laws, 1895, p. 202, in favor of persons who shall do work or furnish material for the working, preservation or development of mines, attaches to and binds the interest or estate of the owner of a mine, in favor of persons employed by one who has leased the mine from the owner, and at the time the employment was made and the work done had no other interest in the property except that of a lessee. The section as amended reads as follows:
“ Section…
2Cases cited12 opinions
- Minis v. United StatesSupreme Court of the United States · 1841
- Gould v. WiseNevada Supreme Court · 1884
- Coburn v. StephensIndiana Supreme Court · 1894
- Wilkerson v. RustIndiana Supreme Court · 1877
- Hopkins v. HudsonIndiana Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Fisher v. McPhee & McGinnity Co.Colorado Court of Appeals · 1913
- Lamb v. Goldfield Lucky Boy Mining Co.Nevada Supreme Court · 1914
- Antlers Park Regent Mining Co. v. CunninghamSupreme Court of Colorado · 1902
- Thirteenth Street Corp. v. A-1 Plumbing & Heating Co.Supreme Court of Colorado · 1982
21 more not listed; retrieve them via the Exa API.