Town of Aspen v. Rucker
Supreme Court of Colorado
Appeal from District Court, Garfield County. This chancery proceeding was instituted by the town of Aspen, in Pitkin county, against the above-named defendants, who are residents of the same county.
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Appeal from District Court, Garfield County. This chancery proceeding was instituted by the town of Aspen, in Pitkin county, against the above-named defendants, who are residents of the same county. The purposes of the bill are: First, to obtain an injunction to restrain said county judge from conveying a portion of the town site of the town of Aspen to the defendant, the Aspen Town & Land Company; and, second, for a decree adjudging the complainant to be the owner of the real estate claimed by the said corporation defendant. The facts upon which the prayers for relief are based are as…
1Opinion of the CourtBeck, C. J.
In so far as the bill alleges the ownership of the lots and blocks in controversy to be in the town of Aspen as a corporation, and seeks to have the title so adjudged by a judicial decree, its demands are not warranted either by the law or the facts of the case. It is true the legislative act of March-1, 1881 (Laws 1881, p. 239, § 4), contains a provision which would appear to sustain the claim here made, but the adjudications of this and other courts are to the effect that the act of congress approved March 2, 1867, under which the entry in this case was made, will not bear such an…
2Cases cited8 opinions
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Sherry v. SampsonSupreme Court of Kansas · 1873
- In re SelbyMichigan Supreme Court · 1859
- Bingham v. City of Walla Walla, Washington Territory1887
- Leech v. RauchSupreme Court of Minnesota · 1859
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3Cited by5 opinions
- Boise City v. WilkinsonIdaho Supreme Court · 1909
- City of Pueblo v. BuddSupreme Court of Colorado · 1894
- Martin v. HoffArizona Supreme Court · 1901
- Scully v. SquierIdaho Supreme Court · 1907
- Jennett v. StevensNevada Supreme Court · 1910