Neuman v. Dreifurst
Supreme Court of Colorado
Error to County Court of Clear Creek County. The complainant, in substance, alleges: That the plaintiffs and defendant Lizzie Neuman were the owners of a certain mining claim known as the “Atlantic Lode,” and that plaintiffs and said last-named defendant owned said lode in proportion as follows: John Dreifurst, an undivided one-third; Ben Werner, an undivided one-third; John Bernhardt, an -Undivided one-sixth; and defendant Lizzie Neuman an undivided one-sixth; that for the…
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Error to County Court of Clear Creek County. The complainant, in substance, alleges: That the plaintiffs and defendant Lizzie Neuman were the owners of a certain mining claim known as the “Atlantic Lode,” and that plaintiffs and said last-named defendant owned said lode in proportion as follows: John Dreifurst, an undivided one-third; Ben Werner, an undivided one-third; John Bernhardt, an -Undivided one-sixth; and defendant Lizzie Neuman an undivided one-sixth; that for the purpose of working and mining said lode in the most economic and miner-like manner, and to develop the same, it became…
1Opinion of the CourtElbert, J.
This is an action by tenants in common against a co-tenant for contribution, upon an alleged agreement to contribute for improvements. The allegations of the complaint show plaintiffs entitled to judgment against the defendant for her pro rata share of the expense of driving the tunnel. To this extent the complaint states a cause of action. The liability of the defendant rests on an alleged promise to contribute, made prior to the commencement of the work in 1879. 'While, by the terms of the agreement of March 11, 1882, certain *232royalties coming to the defendant are to be applied in payment of…
2Cases cited2 opinions
- Allen v. TritchSupreme Court of Colorado · 1880
- Burdsall v. WaggonerSupreme Court of Colorado · 1878
3Cited by6 opinions
- Salazar v. TaylorSupreme Court of Colorado · 1893
- Shuler v. AllamSupreme Court of Colorado · 1909
- Stickley v. MulrooneySupreme Court of Colorado · 1906
- J. I. Case Threshing MacHine Co. v. PackerSupreme Court of Colorado · 1927
- McKnight v. McKnightSupreme Court of Colorado · 1910
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