Manning v. Strehlow
Supreme Court of Colorado
Error to Distr'ict Court of Custer Courtty. This is a proceeding to determine an adverse c1aii~n filed against an application for patent to a mining 1odà~- tion. The property involved is the Mountain Boy lode, situate in Ouster county. It was originally located on the 26th day of May, 1875, and the plaintiff below, August Strehlow, acquired title from the locatoi-s by conveyances and by judicial decrees.
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Error to Distr'ict Court of Custer Courtty. This is a proceeding to determine an adverse c1aii~n filed against an application for patent to a mining 1odà~- tion. The property involved is the Mountain Boy lode, situate in Ouster county. It was originally located on the 26th day of May, 1875, and the plaintiff below, August Strehlow, acquired title from the locatoi-s by conveyances and by judicial decrees. He went into possession, and appears to have continued in actual possession of the claim ever since, and to have expended a large amount of money in its development. It was supposed, however,…
1Opinion of the CourtBeck, C. J.
Counsel for plaintiffs in error contend that this cause was tried on an erroneous theory in the court below, and that the proper issue involved was not submitted to the jury; that the issue tried was which party had the better right in the premises, or whether the plaintiff was entitled to possession as against the defendants’ ancestor, whereas the jury should have been required to find whether either party was, under the local rules of miners, the acts of congress and the laws of the state, entitled to a patent from the United States; citing McGinnis v. Egbert, 8 Colo. 41; Gwillim v.…
2Cases cited5 opinions
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- McGinnis v. EgbertSupreme Court of Colorado · 1884
- Wolverton v. NicholsSupreme Court of the United States · 1886
- Becker v. PughSupreme Court of Colorado · 1886
- Hayes v. New York Gold Mining Co.Supreme Court of Colorado · 1874
3Cited by15 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
- Burke v. McDonaldIdaho Supreme Court · 1890
- Farmers' Union Mutual Protective Ass'n v. San Luis State BankSupreme Court of Colorado · 1929
- Bailey v. ErnySupreme Court of Colorado · 1920
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