Eberville v. Leadville Tunneling, Mining & Drainage Co.

This was an action brought by defendant in error, as plaintiff below, for the recovery of the possession of real property. By agreement of parties, the trial was to the court without a jury. Findings and judgment were in favor of the plaintiff and the defendant brings the case here for review.

A large number of errors are assigned, not all of which are argued. Only those are determined which are necessary to the disposition of the present controversy.

1. After the action had been pending for nearly five years, and a demurrer and several motions had been passed on by the presiding judge of the…