Beals v. Cone
Supreme Court of Colorado
Appeal from the District Court of El Paso County. Action by appellant, as plaintiff in the court below, as the owner of the Tecumseh lode, in support of his adverse against the application of appellees, as defendants, for patent to that portion of the Ophir lode in conflict with the Tecumseh. From a judgment in favor of defendants, plaintiff appeals.
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Appeal from the District Court of El Paso County. Action by appellant, as plaintiff in the court below, as the owner of the Tecumseh lode, in support of his adverse against the application of appellees, as defendants, for patent to that portion of the Ophir lode in conflict with the Tecumseh. From a judgment in favor of defendants, plaintiff appeals. The facts and other data necessary to an understanding of the questions involved and decided, will be found in the opinion, in connection with the discussion of the errors assigned by appellant.
1Opinion of the CourtJustice Gabbert
By way of replication to the answer and counterclaim of appellees, appellant interposed (1) what purported to be a plea of res judicata ; and (2) a plea of estoppel in pais.
By the first, it was averred, in effect, that on February 10, 1893,. appellees entered the Ophir lode; that thereafter appellant and others filed a protest against such entry, by which it was alleged that no discovery of mineral thereon had béen made; that a hearing on such protest was had, which resulted in a finding by the land department of the general government, that no discovery had been made on the Ophir; that the…
2Cases cited13 opinions
- Iron Silver Mining Co. v. CheesmanSupreme Court of the United States · 1886
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- People v. BrownIllinois Supreme Court · 1873
- Martin v. ZellerbachCalifornia Supreme Court · 1869
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3Cited by65 opinions
- McGregor v. Provident Trust Co.Supreme Court of Florida · 1935
- Conway v. FabianMontana Supreme Court · 1939
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Eachus v. PeopleSupreme Court of Colorado · 1925
- Miller v. PeopleSupreme Court of Colorado · 1933
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