Pipe v. Smith
Supreme Court of Colorado
Appeal from District Court of Jefferson County. Ehsicht B. Smith, the appellee, commenced an action of ejectment in the district court of Jefferson county against Pipe, the appellant, at the May term, 1873. The plaintiff claimed title in fee to lots numbered one to six, inclusive, in block numbered nine in Bush and Fisher’s addition to the town of Grolden. The defendant appeared and pleaded the general issue.
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Appeal from District Court of Jefferson County. Ehsicht B. Smith, the appellee, commenced an action of ejectment in the district court of Jefferson county against Pipe, the appellant, at the May term, 1873. The plaintiff claimed title in fee to lots numbered one to six, inclusive, in block numbered nine in Bush and Fisher’s addition to the town of Grolden. The defendant appeared and pleaded the general issue. Upon the trial, as appears by the bill of exceptions, the plaintiff offered in evidence : First, a patent from the government of the United • States to Henry Altman, probate judge of…
1Opinion of the CourtElbert, J.
The deed made by the probate judge to Loveland excepted from the grant “ what lots have heretofore been conveyed and what now remain in litigation, and the title yet undetermined by the probate judge, holding them in trust for the occupants of the town site of Golden *465City, under the pre-emption laws of Congress, for the use of the occupants thereof.”
It was competent to make certain the subject-matter of this exception by evidence aliunde.- The exception in the deed being of lands in litigation and undetermined by the probate judge, the record and files in the case of Hine v. Smith, pending…
2Cited by7 opinions
- Murray v. HobsonSupreme Court of Colorado · 1887
- Hanlon v. HobsonSupreme Court of Colorado · 1897
- Loveland v. ClarkSupreme Court of Colorado · 1888
- Laughlin v. HawleySupreme Court of Colorado · 1886
- Shamrock Land and Cattle Company v. HagenColorado Court of Appeals · 1971
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