Davis v. Shepherd
Supreme Court of Colorado
Appeal Jrom the District Court of Clear Creek County. The main controversy between the parties to this appeal is the question of extra lateral rights between the Refugee and Fairmount lode mining claims. There is a partial conflict between the surface boundaries of the two claims. The owner of the Refugee brought an action in ejectment against the owner and lessee of the Fairmount, claiming that defendants were working a vein apexing in Refugee ground.
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Appeal Jrom the District Court of Clear Creek County. The main controversy between the parties to this appeal is the question of extra lateral rights between the Refugee and Fairmount lode mining claims. There is a partial conflict between the surface boundaries of the two claims. The owner of the Refugee brought an action in ejectment against the owner and lessee of the Fairmount, claiming that defendants were working a vein apexing in Refugee ground. From a judgment for plaintiff the defendants appeal. The data necessary for an understanding of the questions discussed appear in the opinion.
1Opinion of the CourtJustice Gabbert
The complaint alleged, in substance, that the defendants wrongfully and unlawfully entered upon the Refugee lode mining claim, and on the vein or veins thereof crossing the end lines and apexing within its boundaries, and wrongfully ousted and ejected the plaintiff therefrom. It is contended by counsel for appellant that the complaint does not state a cause of' action based upon extra lateral rights.- Two reasons are assigned in support of this claim: (1) That it only describes a vein within the boundaries of the Refugee extended downward vertically; and (2) it does not allege that this vein…
2Cases cited7 opinions
- Stafford v. KingTexas Supreme Court · 1867
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Mining Co. v. TarbetSupreme Court of the United States · 1879
- Schoolfield v. BruntonSupreme Court of Colorado · 1894
- Wolfley v. Lebanon Mining Co., of New YorkSupreme Court of Colorado · 1878
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3Cited by14 opinions
- First Nat. Bank of Tishomingo v. IngleSupreme Court of Oklahoma · 1912
- In re Estate of HayesSupreme Court of Colorado · 1913
- Scheurmann v. MathisonOregon Supreme Court · 1913
- Burnham v. GrantColorado Court of Appeals · 1913
- Central Eureka Mining Co. v. East Central Eureka Mining Co.California Supreme Court · 1905
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