Legal Opinion

Rice v. Colorado Smelting Co.

Supreme Court of Colorado

Decided September 15, 1901No. 4095PublishedCited by 2 opinions

Appeal from the District Court of Pueblo County. When the town of Bessemer was incorporated, the tract of land then and now owned by The Colorado Smelting Company was included within its limits.

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Appeal from the District Court of Pueblo County. When the town of Bessemer was incorporated, the tract of land then and now owned by The Colorado Smelting Company was included within its limits. Under “An Act to provide for Contiguous Towns and Cities to become annexed” (Laws of 1893, p. 45), the town of Bessemer and the city of Pueblo were consolidated under the name “City of Pueblo” in the year 1894. In the year 1896 The Colorado Smelting Company executed its “deed of vacation,” containing the following clause: “How,, therefore, The Colorado Smelting Company, the owner of said lands and…

1Opinion of the CourtJustice Steele

The only question submitted to us is whether or not the owner of property within the limits of an incorporated town, or of a city, can by deed disconnect the property from the municipality.

Section 2742 of the General Laws of 1877 is as follows:

“2742. Sec- 101. When any tract of land may have been, or may hereafter be filed upon, platted and recorded as a town site in accordance with the provisions of any act of congress or law of Colorado, and no town organization under the laws of Colorado shall have been perfected by the inhabitants residing thereon, or the owners thereof, the same may be…

2Cited by2 opinions

  1. Fawcett v. HillSupreme Court of Oklahoma · 1911
  2. Metropolitan Life Insurance v. KeatingSupreme Court of Minnesota · 1934

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