Legal Opinion

Slide & Spur Gold Mines v. Seymour

Supreme Court of the United States

Decided May 14, 1894No. 284PublishedCited by 31 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The facts in this case are as follows: In and prior to the month of October,1886, the plaintiffs below, Ellen R. Seymour and William G. Pell, were the owners of certain mining property in the Gold Hill mining district, Boulder County, Colorado, known as the “ Slide and Spur lodes.”

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The facts in this case are as follows: In and prior to the month of October,1886, the plaintiffs below, Ellen R. Seymour and William G. Pell, were the owners of certain mining property in the Gold Hill mining district, Boulder County, Colorado, known as the “ Slide and Spur lodes.” There had been some negotiations with one John Haldeman, with the view to a sale of this property, and on October 19, 1886, the plaintiffs, by their agents, made the following proposition to him: “ Dear Sir : I agree that in case you…

1Opinion of the Court

Mr. Justice Brewer,

after stating the case, delivered the opinion.of the court.

It is conceded that a vendor’s lien is recognized in Colorado, Francis v. Wells, 2 Colorado, 660, and such a lien, therefore, will be recognized and enforced in a Federal court! As said in Fisher v. Shropshire, 147 U. S. 133, 139: “The courts of the United States enforce grantor’s and vendor’s liens if in harmony with the jurisprudence of the State in which' the action is brought, and the principle upon which such a lien rests has been held to be that one who gets the estate of another ought not in conscience to be…

2Cases cited4 opinions

  1. Cordova v. HoodSupreme Court of the United States · 1873
  2. Fisher v. ShropshireSupreme Court of the United States · 1893
  3. Chilton v. Braiden's AdministratrixSupreme Court of the United States · 1863
  4. Refeld v. WoodfolkSupreme Court of the United States · 1860

3Cited by31 opinions

  1. Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
  2. Hooper v. Central Trust Co.Court of Appeals of Maryland · 1895
  3. Royal Consol. Mining Co. v. Royal Consol. Mines (Cal.) Co.California Supreme Court · 1910
  4. Flickinger v. . GlassNew York Court of Appeals · 1918
  5. Wilson v. Plutus Mining Co.Court of Appeals for the Eighth Circuit · 1909

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