Sullivan v. Hense
Supreme Court of Colorado
Appeal from District Court, Gilpin County. Ejectment by John H. Hense and Charles C. Welsh against Dennis Sullivan, Theodore E. Wheeler and the Central Gold Mining Company, to recover claim No. 3 west of discovery claim on the Borton lode in Illinois Central District, being in length 100 feet and in width 50 feet. The plaintiffs claimed the right to occupy and possess the premises under the local laws of Illinois Central Mining District, by virtue of a purchase made by them.
Read the full summary
Appeal from District Court, Gilpin County. Ejectment by John H. Hense and Charles C. Welsh against Dennis Sullivan, Theodore E. Wheeler and the Central Gold Mining Company, to recover claim No. 3 west of discovery claim on the Borton lode in Illinois Central District, being in length 100 feet and in width 50 feet. The plaintiffs claimed the right to occupy and possess the premises under the local laws of Illinois Central Mining District, by virtue of a purchase made by them. The defendants pleaded not guilty, and the trial was had at the April term, 1873, of the district court. The plaintiffs…
1Opinion of the CourtHallett, C. J.
The title upon which appellees obtained judgment in the court below, originated in a location made by one Samuel Wilson on the 3d day of November, i860. In that year, a shaft was sunk on the discovery claim, and some persons occupied the surface of the claim in dispute as “patch diggings,” but it does not appear that any thing was done upon this portion of the lode. On the contrary, Arnett, a witness for appellees, who worked the “patch claim,” and was, therefore, well acquainted with the property, testifies that no one, other than himself, *429was in possession up to the latter part of…
2Cases cited1 opinion
- Sparrow v. StrongSupreme Court of the United States · 1866
3Cited by3 opinions
- Becker v. PughSupreme Court of Colorado · 1886
- Poujade v. RyanNevada Supreme Court · 1893
- Consolidated Republican Mountain Min. Co. v. Lebanon Min. Co.Supreme Court of Colorado · 1886