Brown v. Wilson
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Two causes of action are stated in the complaint. In the first it is alleged that on June 23,1883, plaintiff, Brown, was, and ever since that time has been, seized in fee and legally-entitled to the possession of certain mining property in Park county, Colorado. This allegation is followed by a description of the property.
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Error to the District Court of Arapahoe County. Two causes of action are stated in the complaint. In the first it is alleged that on June 23,1883, plaintiff, Brown, was, and ever since that time has been, seized in fee and legally-entitled to the possession of certain mining property in Park county, Colorado. This allegation is followed by a description of the property. Plaintiff avers that while so seized and possessed, the defendants, without right or title, entered into possession of the premises and ousted and ejected plaintiff therefrom, etc. The second cause of action is in the nature…
1Opinion of the CourtChief Justice Hayt
delivered tlie opinion of tlie court.
The fee simple title to the property in controversy being in the defendants by patent from the United States government, the plaintiff cannot recover upon his first cause of action, unless he succeeds in establishing the second.
A recovery upon the second cause of action was denied by the district court for the reason that, in the opinion of that court, a lien was established against the' property by the attachment proceedings having priority over the lien created by the trust deed. In this court objection is made to the sufficiency of the second cause of…
2Cases cited4 opinions
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1890
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Mulock v. WilsonSupreme Court of Colorado · 1893
3Cited by11 opinions
- Munson v. MarksSupreme Court of Colorado · 1912
- Morgan v. KingSupreme Court of Colorado · 1900
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Cochrane v. ParkerColorado Court of Appeals · 1898
- Russell v. ShurtleffSupreme Court of Colorado · 1901
6 more not listed; retrieve them via the Exa API.