Brown v. Colorado & Wyoming Development Co.

This suit was brought by appellee, plaintiff below, The Colorado and Wyoming Development Company, as owner of the Captain lode, in support of adverse proceedings against the appellant Thomas A. Brown, defendant below, as owner of the Wellington No. 2 lode mining claim and applying for a patent therefor. Trial was had to the court by agreement, resulting in a finding and judgment for plaintiff. Defendant brings the case here to review the judgment and the proceedings leading up to it.

The facts were submitted to and determined by the trial court. Its finding was upon conflicting testimony, upon…