Hugunin v. McCunniff
Supreme Court of Colorado
Appeal from District Court, Clear Creek County. The action was trespass, commenced August 30, 1872, by Thomas McCunniff and Eli S. Streeter, against James R. Hugunin, James Lees and David Lees. In the first count the plaintiffs declared for ore taken from the Elkhorn lode. In the second count, for ore taken from the Zillah lode. In the third count, for. ore taken from the Zephyr lode. The fourth count was de bonis asportatis.
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Appeal from District Court, Clear Creek County. The action was trespass, commenced August 30, 1872, by Thomas McCunniff and Eli S. Streeter, against James R. Hugunin, James Lees and David Lees. In the first count the plaintiffs declared for ore taken from the Elkhorn lode. In the second count, for ore taken from the Zillah lode. In the third count, for. ore taken from the Zephyr lode. The fourth count was de bonis asportatis. The defendants pleaded not guilty and liberum tenementum. The evidence was very voluminous, and it will only be necessary to mention several points which were clearly…
1Opinion of the CourtWells, J.
Had this action been in the name of Cushman, it is altogether probable that the appellant would, by his deed of March 19th, 1872, be estopped to assert that the premises mentioned therein did not exist to the extent to which he had assumed to convey them ; or that his grantee did not, by the delivery of part in the name of all, become invested with exclusive possession of the whole. Other considerations seem, however, to govern the action of the present plaintiffs. By the strict rule which anciently obtained in the English courts, trespass guare clausum fregit lay only by one having a…
2Cases cited4 opinions
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Burnett v. CaldwellSupreme Court of the United States · 1870
- Kellogg v. KelloggNew York Supreme Court · 1849
- Talbot v. ChamberlinNew York Court of Chancery · 1831
3Cited by5 opinions
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- Ossman v. MOUNTAIN STATES TELEPHONE & TEL. CO.Colorado Court of Appeals · 1973
- Plotkin v. Club Valencia Condominium Ass'nColorado Court of Appeals · 1986
- Caledonian Coal Co. v. Rocky Cliff Mining Co.New Mexico Supreme Court · 1911
- Mikes v. BurnettColorado Court of Appeals · 2013