Kretschmer v. Hard
Supreme Court of Colorado
Appeal from, the District Court of Pueblo County. Action to recover possession of certain real estate. Finding and judgment for plaintiffs. Defendant appeals.
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Appeal from, the District Court of Pueblo County. Action to recover possession of certain real estate. Finding and judgment for plaintiffs. Defendant appeals. Appellant Kretschmer, defendant below, claimed title to the premises in controversy under a patent from the state of Colorado to one Annie E. Hanlon, dated February 15, 1886, and issued in pursuance of a sale by tbe state board of land commissioners on August 13, 1883. The Hanlon patent describes the lands as, “ Situate in the County of Pueblo and State of Colorado, to-wit: fractional block number one (1) and lot number four (4) in…
1Opinion of the CourtJustice Elliott
The controversy in this action relates to a parcel of land included in a grant of school lands by the general government to the state of Colorado. Appellant and appellees, respectively, claim title to the land under different patents from the state of Colorado. Appellant Kretschmer claims under the old patent. Appellees Hard and. his associates claim under a junior patent; but they contend that the older patent is absolutely ineffectual to convey the land by reason of uncertainty in the description.
It is conceded that if the land in controversy was conveyed by the first patent to Hanlon, then…
2Cases cited3 opinions
- Cullacott v. Cash Gold & Silver Mining Co.Supreme Court of Colorado · 1884
- Bollinger County v. McDowellSupreme Court of Missouri · 1889
- Marvin v. ElliottSupreme Court of Missouri · 1889
3Cited by8 opinions
- Sengfelder v. HillWashington Supreme Court · 1899
- San Miguel Consolidated Gold Mining Co. v. Stubbs & JakwaySupreme Court of Colorado · 1907
- George Tritch Hardware Co. v. DonovanSupreme Court of Colorado · 1923
- McRoberts v. McArthurSupreme Court of Minnesota · 1895
- McDonald v. KummerSupreme Court of Colorado · 1913
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