Legal Opinion

Pike v. Sutton

Supreme Court of Colorado

Decided January 15, 1895PublishedCited by 15 opinions

Appeal from the District Court of Summit County. Action commenced in the district court of Summit county by appellants, C. H. Pike and others, as plaintiffs, for possession of government lands claimed as a placer claim.

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Appeal from the District Court of Summit County. Action commenced in the district court of Summit county by appellants, C. H. Pike and others, as plaintiffs, for possession of government lands claimed as a placer claim. The defendants filed an answer, denying specifically every allegation contained in the complaint, and by way of cross complaint allege that they are the owners of the Clinton placer claim, describing the same and averring facts showing that this claim covers the greater part of the premises described in the plaintiff’s complaint. Upon these issues the cause was submitted to a…

1Opinion of the CourtChief Justice Hayt

The specific denials of the answer put in issue every material allegation of the complaint; consequently these denials, *85if standing alone, would compel the plaintiffs to prove every fact necessary to a recovery. It is claimed, however, that the defendants, having set up in their cross complaint a claim to the property in controversy as mineral land, are estopped from denying its mineral character. We do not think this claim should be sustained, as under our code the defendant is allowed to plead inconsistent defenses, and in order that he may have the benefit of each defense he may, under…

2Cases cited3 opinions

  1. Chivington v. Colorado Springs Co.Supreme Court of Colorado · 1886
  2. McFeters v. PiersonSupreme Court of Colorado · 1890
  3. Dyke v. WhyteSupreme Court of Colorado · 1892

3Cited by15 opinions

  1. City & County of Denver v. BowenSupreme Court of Colorado · 1919
  2. Gartley v. People ex rel. Pueblo CountySupreme Court of Colorado · 1897
  3. Welles v. Colorado National Life Assurance Co.Supreme Court of Colorado · 1910
  4. Richards v. StewartSupreme Court of Colorado · 1912
  5. In re Estate of ThomasSupreme Court of Colorado · 1899

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