Bassick Min. Co. v. Davis
Supreme Court of Colorado
Appeal from District Court of Custer County. The defendants in the court below demurred to the complaint of the plaintiffs on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, the defendants stood by their demurrer, and a decree was entered in favor of the plaintiffs. From this decree the defendants appeal to the supreme court. The following abstract sufficiently shows' the character of the complaint.
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Appeal from District Court of Custer County. The defendants in the court below demurred to the complaint of the plaintiffs on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, the defendants stood by their demurrer, and a decree was entered in favor of the plaintiffs. From this decree the defendants appeal to the supreme court. The following abstract sufficiently shows' the character of the complaint. The above-named plaintiffs complain and allege “that they and defendant Edmund O. Bassick are native-born citizens of the United…
1Opinion of the CourtElbert, J.
The demurrers of the several defendants were properly overruled. The bill of complaint stated a case for equitable jurisdiction and relief. When, through *134fraud, mistake, or for any reason recognized as a ground of equitable interference, the legal title to any portion of the public domain has been obtained by a party, when in equity and good conscience another was better entitled, a court of equity will treat the patentee as a trustee, and compel him to convey. Filmore v. Reithman, 6 Colo. 120; Wells v. Francis, 7 Colo. 396; Johnson v. Towsley, 13 Wall. 74; Moore v. Robbins, 96 U. S. 530;…
2Cases cited3 opinions
- Moore v. RobbinsSupreme Court of the United States · 1878
- Filmore v. ReithmanSupreme Court of Colorado · 1881
- Wells v. FrancisSupreme Court of Colorado · 1884
3Cited by6 opinions
- Bechmann v. TaylorSupreme Court of Colorado · 1926
- Casco Mercantile & Trust Co. v. Central Savings Bank & Trust Co.Supreme Court of Colorado · 1924
- Allen v. Blanche Gold Mining Co.Supreme Court of Colorado · 1909
- Terrace Irrigation District v. Overflow Ditch No. 1Supreme Court of Colorado · 1921
- Schneider v. CrossSupreme Court of Colorado · 1926
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