Legal Opinion

Marshall Silver Min. Co. v. Kirtley

Supreme Court of Colorado

Decided December 15, 1888PublishedCited by 12 opinions

Appeal from District Court of Gilpin County. This action was brought by appellees, Jeremiah Kirtley, Silas 0. Bennett, Charles A. Martine, Jasper 1ST. Roberts and Elisha S. Weaver, who were plaintiffs below, against the Marshall Silver Mining Company, to recover possession of the Kirtley lode mining claim, an undivided one-half of the Junction lode mining claim, and an undivided three-fourths of the Trade Dollar lode mining claim, and it was averred in the complaint that the…

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Appeal from District Court of Gilpin County. This action was brought by appellees, Jeremiah Kirtley, Silas 0. Bennett, Charles A. Martine, Jasper 1ST. Roberts and Elisha S. Weaver, who were plaintiffs below, against the Marshall Silver Mining Company, to recover possession of the Kirtley lode mining claim, an undivided one-half of the Junction lode mining claim, and an undivided three-fourths of the Trade Dollar lode mining claim, and it was averred in the complaint that the action was brought in support of an adverse claim filed against said defendant’s applications for a patent for the Wash…

1Opinion of the Court

Rising, C.

The ruling of the court upon the plaintiffs’ demurrer to the defense, set up in the answers, based upon the failure to adverse the Wash Lewis and Henry claims *414with the Junction and Trade Dollar claims, is assigned for error.

In considering the question presented by this assignment it is proper to first examine the pleadings for the purpose of ascertaining the object of the action. The complaint contains the proper allegations for an action brought to recover the possession of the Kirtley lode, the undivided one-half of the Junction lode, and the undivided three-fourths of the Trade…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
  2. Wolfley v. Lebanon Mining Co., of New YorkSupreme Court of Colorado · 1878

3Cited by12 opinions

  1. Bowen v. Chemi-Cote Perlite CorporationArizona Supreme Court · 1967
  2. Colorado & Southern Railway Co. v. JenkinsColorado Court of Appeals · 1914
  3. Lily Mining Co. v. KelloggUtah Supreme Court · 1903
  4. Colorado & Southern Railway Co. v. JenkinsColorado Court of Appeals · 1914
  5. Hunt v. Eureka Gulch Mining Co.Supreme Court of Colorado · 1890

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