Smith v. Pipe
Supreme Court of Colorado
Appeal from District Court of Jefferson County. This was an action of ejectment commenced by appellant, against the appellee, in the Jefferson county district court, on the' 19th day of May, A. D. 1873, for the recovery of the, possession of lots one, two, three, four, five and six in block nine in Bush & Fisher’s Addition, to Golden City, in Jefferson county. The declaration was in the usual form claiming tne premises in fee. Plea of not guilty.
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Appeal from District Court of Jefferson County. This was an action of ejectment commenced by appellant, against the appellee, in the Jefferson county district court, on the' 19th day of May, A. D. 1873, for the recovery of the, possession of lots one, two, three, four, five and six in block nine in Bush & Fisher’s Addition, to Golden City, in Jefferson county. The declaration was in the usual form claiming tne premises in fee. Plea of not guilty. On the trial the appellant offered in evidence a patent of the United States, dated September 1st, A. D. 1866, properly executed to Henry Altman,…
1Opinion of the CourtWells, J.
1. The patent, which was admitted on the part, of plaintiff below, afforded at least presumptive evidence of its own regularity. Whether the requirements of the act of congress had or had not been complied with, was in the first instance a question for the land officers, and must be taken to have been properly resolved. Bagnell v. Broderick, 13 Peters, 450; Winfield Town Co. v. Maris, 11 Kan. 148.
2. If the legal estate in the premises still remained in Altman after the expiration of his official term, his convey*195anee would entitle the grantee to maintain ejectment. 1 Perry on Trusts, § 328.
If…
2Cases cited5 opinions
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
- Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Sherry v. SampsonSupreme Court of Kansas · 1873
- Jackson ex dem. People v. LerveyNew York Supreme Court · 1826
3Cited by12 opinions
- Stephens v. ClaySupreme Court of Colorado · 1892
- Murray v. HobsonSupreme Court of Colorado · 1887
- Mayor of Aspen v. Aspen Town & Land Co.Supreme Court of Colorado · 1887
- Martin v. HoffArizona Supreme Court · 1901
- Ming v. FooteMontana Supreme Court · 1890
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