Arnold v. Woodward
Supreme Court of Colorado
Appeal from District Court of Chaffee County. The undisputed facts in this case are as follows: In the year 1S69, Charles Gr. Arnold first occupied the lands in controversy, having entered the same for pre-emption in the United States land office at Fairplay, Colo. He proved up on thorn, and on March 31,1874, paid the sum of $200 therefor, taking a receipt in full, describing the lands, from the receiver of the land office.
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Appeal from District Court of Chaffee County. The undisputed facts in this case are as follows: In the year 1S69, Charles Gr. Arnold first occupied the lands in controversy, having entered the same for pre-emption in the United States land office at Fairplay, Colo. He proved up on thorn, and on March 31,1874, paid the sum of $200 therefor, taking a receipt in full, describing the lands, from the receiver of the land office. During the year 1874 Arnold leased the premises to one James A. Woodward, who, after entry, and while in possession as such tenant, filed his application for said land in…
1DissentJustice Elliott
{dissenting). There is one important particular in which I cannot concur in the able opinion of Mr. Commissioner Richmond. The correctness of the decision in Arnold v. Woodward, 4 Colo. 249, whereby that case was reversed and remanded, is conceded by counsel for appellee. They also admit that upon a retrial of that case the present plaintiff must inevitably be defeated. It is difficult to perceive how her cause is improved by the present action. It will be observed that the former suit is between the same parties *170as this, it is of the same nature, it concerns the same subject-matter, the same…
2Cases cited4 opinions
- Hart v. GrangerSupreme Court of Connecticut · 1814
- Ryerson v. EldredMichigan Supreme Court · 1869
- Arnold v. WoodardSupreme Court of Colorado · 1878
- Tracy v. ReekIndiana Supreme Court · 1835