Terpening v. Holton
Supreme Court of Colorado
Appeal from District Court of Ouray County. The relief sought by the complaint was to quiet title to a mining claim. The defendant Holton was alleged to be one of the .original discoverers, and to have been possessed of an undivided one-half interest therein. The plaintiff, who' is appellant here, alleges a sale and conveyance by Holton of his interest to one Morgan, and a conveyance by Morgan to the plaintiff.
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Appeal from District Court of Ouray County. The relief sought by the complaint was to quiet title to a mining claim. The defendant Holton was alleged to be one of the .original discoverers, and to have been possessed of an undivided one-half interest therein. The plaintiff, who' is appellant here, alleges a sale and conveyance by Holton of his interest to one Morgan, and a conveyance by Morgan to the plaintiff. The complaint further states that the deed from Holton to Morgan was transmitted for record, and lost in transitu. Holton’s answer denies the sale, the execution' and existence of the…
1Opinion of the CourtBeck, C. J.
The first error assigned, and the first proposition discussed, by counáel for appellant, is that the court erred in referring this cause to a referee. Counsel assumes that the reference was made by the court on its own motion, and that it was made in violation of the statute, since the circumstances which authorized a compulsory reference under the Code of Civil Procedure did not exist. No long account was to be examined on either side; the taking of an account was not necessary for the information of the court; no question of fact arose, otherwise than upon the pleadings; and the action was…
2Cases cited15 opinions
- Cooper v. American Central Ins.Supreme Court of Colorado · 1877
- Haverly Invincible Mining Co. v. HowcuttSupreme Court of Colorado · 1883
- Bonner v. McPhailNew York Supreme Court · 1860
- Filley v. CodySupreme Court of Colorado · 1878
- Patterson v. Keystone Mining Co.California Supreme Court · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sapero v. State Board of Medical ExaminersSupreme Court of Colorado · 1932
- Archuleta v. ArchuletaSupreme Court of Colorado · 1912
- Weavering v. SchneiderCalifornia Court of Appeal · 1921
- Early Times Distillery Co. v. ZeigerNew Mexico Supreme Court · 1902
- Hereford v. BentonColorado Court of Appeals · 1905
6 more not listed; retrieve them via the Exa API.