Sullivan v. Sharp
Supreme Court of Colorado
Appeal from the District Court of Teller County: Hon. Wm. P. Seeds, Judge. The only' question argued and presented for determination by this appeal, is the effect of an additional or amended location certificate, as provided in section 3160, Mills’ Ann.
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Appeal from the District Court of Teller County: Hon. Wm. P. Seeds, Judge. The only' question argued and presented for determination by this appeal, is the effect of an additional or amended location certificate, as provided in section 3160, Mills’ Ann. Stats., on the title to a mining location discovered and located within the boundaries of a prior valid location, as against the title of the claimant to the latter, who had neglected to perform, the annual assessment for the year nest preceding the date of the filing'of such amended certificate. The subject-matter of controversy is the…
1Opinion of the CourtChief Justice Gabbert
According to the verdict the annual labor for 1899 on the Quaking Asp had been performed. It was, therefore, a valid, subsisting location, when title to the premises in controversy was sought to be initiated by the claimants of the Dog Nest. A location based upon a discovery within the limits of an existing and valid location is void. — Lebanon M. Co. v. Con. Rep. M. Co., 6 Colo. 371; Kirk v. Meldrum, 28 Colo. 453; Michael v. Mills, 22 Colo. 439; Belk v. Meacher, 104 U. S. 279; Moyle v. Bullene, 7 Colo. App. 308; Reynolds v. Pascoe, 66 Pac. (Utah) 1064; Lindley on Mines (2d ed.), § 337;…
2Cases cited9 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Strepey v. StarkSupreme Court of Colorado · 1884
- Lebanon Mining Co. v. Consolidated Republican Mining Co.Supreme Court of Colorado · 1882
- Kirk v. MeldrumSupreme Court of Colorado · 1901
- Michael v. MillsSupreme Court of Colorado · 1896
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3Cited by2 opinions
- Sierra Blanca Mining & Reduction Co. v. WinchellSupreme Court of Colorado · 1905
- Sackville v. MannSupreme Court of Colorado · 1943