Sierra Blanca Mining & Reduction Co. v. Winchell
Supreme Court of Colorado
Appeal from the District Court of Costilla County: Hon. Charles C. Holbrook, Judge. Action, by appellant (as. plaintiff), owner of the Jessie Mac and Keystone lode mining claims, in support of an adverse against the application of appellee (as defendant) for patent to the Cripple Creek lode mining claim. Judgment for defendant. Plaintiff appeals.
1Opinion of the Court
Chiee Justice Gabbert
delivered the opinion of the court.
During the progress of the trial the-parties stipulated that the conflict between the. Keystone and Cripple Creek lodes should follow the result of the .contention between the Jessie Mac and the Cripple Creek, and that no testimony need be given as to the Keystone conflict with the Cripple Creek lode. The controversy is thus narrowed to a determination of the rights of the parties in the conflict between the Jessie Mac and Cripple Creek. The judgment must be reversed, because of the refusal to give an instruction requested by plaintiff.…
2Cases cited2 opinions
- Omar v. SoperSupreme Court of Colorado · 1888
- Sullivan v. SharpSupreme Court of Colorado · 1905
3Cited by2 opinions
- Hagan v. DuttonArizona Supreme Court · 1919
- Sakow v. J. E. Riley Inv. Co.District Court, D. Alaska · 1939