Wolfley v. Lebanon Mining Co., of New York
Supreme Court of Colorado
Appeal from District Court of Clea,r Creelc County. At the trial in the court below the appellee relied on title derived by discovery, pre-emption and several mesne conveyances from the alleged pre-emptors, to Harris, the discoverer, and from him to Brown. Brown obtained a patent from the government and conveyed his interest to the appellee.
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Appeal from District Court of Clea,r Creelc County. At the trial in the court below the appellee relied on title derived by discovery, pre-emption and several mesne conveyances from the alleged pre-emptors, to Harris, the discoverer, and from him to Brown. Brown obtained a patent from the government and conveyed his interest to the appellee. The patent contains the following language : “ it being the express intent and meaning of these presents to convey to the said J. Warren Brown, his heirs and assigns, only the eight hundred (800) linear feet of the Ben Harding lode, with surface ground…
1Opinion of the CourtThatcher, C. J.
This was an action of ejectment brought by appellees against appellants to recover the possession of eight hundred feet of the Ben Harding lode. The declaration contained three counts, in the first of which the appellee claimed title in fee, and in the second and third it claimed title by pre-emption, occupation, possession and purchase under and by virtue of the local laws, customs and usages of miners in Griffith mining district, the laws of Colorado and those of the United States. In sup.port of the second and third counts, much evidence was. introduced, which, however, the court charged…
2Cited by19 opinions
- Board of County Commissioners v. Park County Sportsmen's Ranch, LLPSupreme Court of Colorado · 2002
- Lebanon Mining Co. of New York v. RogersSupreme Court of Colorado · 1884
- Davis v. ShepherdSupreme Court of Colorado · 1903
- Duggan v. DaveySupreme Court Of The Territory Of Dakota · 1886
- Marshall Silver Min. Co. v. KirtleySupreme Court of Colorado · 1888
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