Schwarz v. Ulmer

Opinion by

Mr. Justice Hall.

The parties appear here as in the trial court. We shall refer to them as plaintiffs and defendants or by name.

On December 9, 1957, the plaintiffs commenced this action seeking a judgment “quieting title” in themselves, as against the alleged unfounded claims of the defendants, to two unpatented mining claims, Honest No. 2 and Honest No. 5, both alleged to be located in the Northeast Quarter of Sec. 35, Twp. 22 S., Rg. 71 W. of the 6th P.M., Custer County, Colorado, the surface of which quarter section is owned by plaintiffs, the minerals therein having been reserved…