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
ON PETITION FOR REHEARING.
2Per curiam
The conclusion announced, that the plea of res judicata interposed by appellant was insufficient, and that the judgment pronounced by the Land Department in the protest proceedings therein referred to was not competent evidence, in no manner conflicts with the decision in German Insurance Company v. Hayden, 21 Colo. 127. In that case the right of the appellees to recover depended upon the fact that the insured was vested with the title in fee to the land upon which improvements destroyed by fire were situate. At the time the contract of insurance was entered into the…
3Cases cited5 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- German Insurance Co. of Freeport v. HaydenSupreme Court of Colorado · 1895
- Hall v. KearnySupreme Court of Colorado · 1893
- Johnson v. YoungSupreme Court of Colorado · 1893
- Bryan v. McCaigSupreme Court of Colorado · 1887