Coffee v. Emigh
Supreme Court of Colorado
Error to District Oou/rt of Boulder Qount/y. Three causes, involving claims by the same parties to the same mining property, were argued and submitted before this court at one hearing, with the understanding that they would be considered and disposed oí together. The causes bear the same title and are numbered 2,213, 2,241 and 2,768. respectively. The first cause is of the nature of an action of trespass qua/re clausum freqit.
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Error to District Oou/rt of Boulder Qount/y. Three causes, involving claims by the same parties to the same mining property, were argued and submitted before this court at one hearing, with the understanding that they would be considered and disposed oí together. The causes bear the same title and are numbered 2,213, 2,241 and 2,768. respectively. The first cause is of the nature of an action of trespass qua/re clausum freqit. It was commenced in the court below in October, 1885, by Henry H. Ooffey, Helson K. Smith and John ~W. Blackburn, as plaintiffs, against Charles C. Emigh, as defendant.…
1Opinion of the CourtJustice Elliott
The three records before us are very voluminous. Nevertheless, as they have been argued and submitted together by counsel, and as the parties and the property involved are the same in each case, we shall endeavor to consider and dispose of them in one opinion.
It is conceded that the territory of the Emancipation lode crosses the territory of the Western Slope lode almost at right angles and that the veins therein are cross-veins. The Western Slope lode is.the prior location. Hence, the owners of the Western Slope are entitled to the mineral within the space of intersection of the two veins;…
2Cases cited9 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1890
- Crary v. . SmithNew York Court of Appeals · 1848
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Branagan v. DulaneySupreme Court of Colorado · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- Mayor of Baltimore v. JohnsonCourt of Appeals of Maryland · 1903
- Dunne v. StotesburySupreme Court of Colorado · 1891
- Runyan v. SnyderSupreme Court of Colorado · 1909
- Hitchens v. Milner Land, Coal & Townsite Co.Supreme Court of Colorado · 1919
9 more not listed; retrieve them via the Exa API.