Bertha Gold Mining & Milling Co. v. Burr
Supreme Court of Colorado
Appeal from the District Court of Gilpin County. Appellee brought an action in ejectment to recover from appellant the possession of the Pay Bock lode mining claim. Judgment was rendered in favor of the plaintiff, from which the defendant appeals. Several questions are raised by the appellant, which it is not necessary to consider.
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Appeal from the District Court of Gilpin County. Appellee brought an action in ejectment to recover from appellant the possession of the Pay Bock lode mining claim. Judgment was rendered in favor of the plaintiff, from which the defendant appeals. Several questions are raised by the appellant, which it is not necessary to consider. The following state-meat presents the controlling question in the case: Plaintiff introduced testimony which the court held prima facie established title in him. The defendant then introduced in evidence a tax deed from the county treasurer^ which, in connection…
1Opinion of the CourtJustice Gabbert
Sec. 3882a, 3 Mills’ Ann. Stats., provides that the treasurer shall give notice of the sale of real property by publication in a newspaper, and-also by notice posted in a conspicuous place on-or near the outer *266door of the office or building commonly used as the office of the treasurer. For the purpose of proving that such notice has been published, sec. 3884, 2 Mills’ Ann. Stats., directs the form of affidavit which shall be made by the publisher of the newspaper in which such notice is published, and that this affidavit shall be filed with the treasurer. Sec. 3885, 2 Mills ’ Ann. Stats.,…
2Cases cited2 opinions
- Charlton v. KellySupreme Court of Colorado · 1897
- Rustin v. Merchants' & Miners' Tunnel Co.Supreme Court of Colorado · 1896
3Cited by9 opinions
- Saybe v. SageSupreme Court of Colorado · 1910
- Lines v. DiggesSupreme Court of Colorado · 1908
- American Bond & Investment Co. v. HopkinsSupreme Court of Colorado · 1909
- Norris v. KelseyColorado Court of Appeals · 1913
- Gardner v. CherrySupreme Court of Colorado · 1911
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