Fisher v. Seymour
Supreme Court of Colorado
Appeal from the District Court of Lake County. This action was brought to declare and enforce a trust. Tbis is the second time it has been before this court. Upon the first trial the controverted questions of fact were submitted to a jury, and findings returned in favor of these appellants, upon which a decree was rendered, also in their favor. This decree was reversed upon the first appeal by reason of a defect in the pleadings.
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Appeal from the District Court of Lake County. This action was brought to declare and enforce a trust. Tbis is the second time it has been before this court. Upon the first trial the controverted questions of fact were submitted to a jury, and findings returned in favor of these appellants, upon which a decree was rendered, also in their favor. This decree was reversed upon the first appeal by reason of a defect in the pleadings. Seymour v. Fisher et al., 16 Colo. 188. In that opinion is found a succinct statement of the issues raised by the pleadings, and a summary of the evidence produced…
1Opinion of the CourtChief Justice Hayt
We cannot read the evidence in this case without being impressed with the fact that a gross fraud has been perpetrated upon plaintiff Fisher and her children, the heirs of Thomas. Fisher, deceased. The American Flag was discovered on June 11, 1879, and located June 12, 1879, the location certificate being placed upon record on June 24,1879. The location certificate of the Little Tiger lode, which was recorded June 12,1879, recites that the lode was located and claimed on that date. Upon October 14, 1880, the Little Tiger was relocated under the name of the Tiger lode. Bjr such relocation much…
2Cases cited3 opinions
- Murray v. . BeardNew York Court of Appeals · 1886
- Hunter v. HunterSupreme Court of Missouri · 1872
- Burtis Ringo v. Charles BinnsSupreme Court of the United States · 1836
3Cited by9 opinions
- Binder v. MillikinCourt of Appeals of Texas · 1918
- McKinney v. ChristmasSupreme Court of Colorado · 1960
- Golden Giant Mining Co. v. HillNew Mexico Supreme Court · 1921
- Treat v. SchmidtSupreme Court of Colorado · 1920
- O'Neill v. OteroNew Mexico Supreme Court · 1910
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