Seymour v. Fisher
Supreme Court of Colorado
Appeals from District Oourt of Lalee Oounty. Both of these appeals are from the same decree in the court below; by stipulation they are considered and determined together. In 1880, Mrs. Fisher and Nicholas Finn, trustee, etc., were the owners of the “American Flag,” a mining location near Leadville; Messrs.
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Appeals from District Oourt of Lalee Oounty. Both of these appeals are from the same decree in the court below; by stipulation they are considered and determined together. In 1880, Mrs. Fisher and Nicholas Finn, trustee, etc., were the owners of the “American Flag,” a mining location near Leadville; Messrs. Bloss, Ilginfritz and Herbert were likewise owners of a conflicting mining location known as the “ Little Tiger; ” Seymour and Mrs. Fisher were co-owners with other parties in the “ General Shields,” a mine adjacent to the foregoing properties. Some time during the summer of 1880, the…
1Opinion of the CourtChief Justice Helm
The complaint on which this cause was tried is framed upon .the theory of a constructive trust. Relief is sought on the ground that Seymour, who was defendant below, holds the legal title (conveyed to him by patent) to a large part of the “ Tiger ” lode in trust for the benefit of plaintiffs.
The leading question to be considered is: Did the failure of plaintiffs to institute adverse proceedings in the land office on behalf of the “ American Flag ” location, and to contest by suit defendant’s claim to a patent of the “ Tiger ” lode, operate to waive or forfeit their prior prior rights in the…
2Cases cited3 opinions
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Lee v. StahlSupreme Court of Colorado · 1886
- Craig v. LeitensdorferSupreme Court of the United States · 1887
3Cited by15 opinions
- Thallmann v. ThomasCourt of Appeals for the Eighth Circuit · 1901
- United States Fidelity & Guaranty Co. v. PeopleSupreme Court of Colorado · 1908
- Iron Silver Mining Co. v. CampbellSupreme Court of Colorado · 1892
- South End Mining Co. v. TinneyNevada Supreme Court · 1894
- Eppich v. BlanchardSupreme Court of Colorado · 1914
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