Ellet v. Campbell
Supreme Court of Colorado
Appeal from the District - Court of Boulcler County. The appellant, Alfred S. Ellet, was plaintiff below, and by his guardian brought this suit in the district court in support of an adverse claim to a certain mineral lode or vein situate in Gold Hill mining district, Boulder county, Colorado.
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Appeal from the District - Court of Boulcler County. The appellant, Alfred S. Ellet, was plaintiff below, and by his guardian brought this suit in the district court in support of an adverse claim to a certain mineral lode or vein situate in Gold Hill mining district, Boulder county, Colorado. The cause was tried in the district court upon an agreed statement of facts, in substance as follows: That the tunnel claim or location under which plaintiff claims title to the mining lode in controversy, was.and is known by the name of the Corning tunnel. That on the 18th day of September, A. d. 1872,…
1Opinion of the CourtJustice Elliott
This was an adverse suit, instituted in behalf of appellant by his guardian, “ to determine the question of the right of possession ” to a certain mineral vein or lode.
Appellee Campbell had filed his application for a patent to said lode, basing his claim upon a surface discovery and location. The adverse claim of appellant is based upon a pri- or discovery and location of the same lode in a tunnel. Appellant does not claim that he is entitled to a patent to *517the lode as the result of this litigation ; but he claims “ the right of possession ” thereto by virtue of prior discovery and continued…
2Cases cited4 opinions
- Glacier Mountain Silver Mining Co. v. WillisSupreme Court of the United States · 1888
- Corning Tunnel, etc., Co. v. PellSupreme Court of Colorado · 1878
- Hope Mining Co. v. BrownMontana Supreme Court · 1891
- Hope Mining Co. v. BrownMontana Supreme Court · 1888
3Cited by4 opinions
- Calhoun Gold Mining Co. v. Ajax Gold Mining Co.Supreme Court of Colorado · 1899
- People v. ScottSupreme Court of Colorado · 1911
- Brewster v. ShoemakerSupreme Court of Colorado · 1900
- Enterprise Min. Co. v. Rico-Aspen Consolidated Min. Co.Court of Appeals for the Eighth Circuit · 1895