Smelting Co. v. Kemp
Supreme Court of the United States
Error to the" Circuit Court of the United States for the District of Colorado. This was an ■ action at law brought in one of the courts of Colorado by the St. Louis Smelting and Refining Company, a corporation created under the laws of Missouri, for the possession of a parcel of land in the city of Leadville. On application of the defendants it was removed to the Circuit Court of the United States.
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Error to the" Circuit Court of the United States for the District of Colorado. This was an ■ action at law brought in one of the courts of Colorado by the St. Louis Smelting and Refining Company, a corporation created under the laws of Missouri, for the possession of a parcel of land in the city of Leadville. On application of the defendants it was removed to the Circuit Court of the United States. The complaint, is in the usual form of actions for the possession of real property under the practice obtaining in Colorado. It alleges that-the plaintiff was duly incorporated, with power to…
1Opinion of the CourtJustice Field
As seen by the statement of the case, the plaintiff relies for a reversal of the judgment upon three grounds: 1st, Error in admitting the. record of the proceedings of the land-office to impeach the validity of the patent to Starr issued upon them ; 2d, Error in instructing the jury that a patent for a placer claim, since the act .of 1870, could not embrace in any case more than one hundred and sixty acres; and, 8d, Error in ■ instructing the jury that the owner, by purchase of several claims, must take separate proceedings upon each one, in order to obtain a valid patent, and that it was not…
2Cases cited6 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Beard v. FederySupreme Court of the United States · 1866
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Hoofnagle v. AndersonSupreme Court of the United States · 1822
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