Fulmele v. Camp
Supreme Court of Colorado
Appeal from, the District Court of Weld County. This action was brought by Camp against Fulmele to recover the exclusive possession of forty acres of land. The facts upon which plaintiff relies are substantially as follows: This land is included in, and a part of, the southwest quarter of section 3, township 5 north, of range 65 west, said section being one of the numbered sections embraced in the congressional grant to the Denver Pacific Railway and Telegraph Company.
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Appeal from, the District Court of Weld County. This action was brought by Camp against Fulmele to recover the exclusive possession of forty acres of land. The facts upon which plaintiff relies are substantially as follows: This land is included in, and a part of, the southwest quarter of section 3, township 5 north, of range 65 west, said section being one of the numbered sections embraced in the congressional grant to the Denver Pacific Railway and Telegraph Company. On the 13th day of April, 1870, John Evans, trustee for said company, conveyed the whole of said section to Horace Greeley,…
1Opinion of the CourtJustice Goddard
The appellee contends that the district court .was without *497jurisdiction to entertain this action, because the claims of the respective parties to the land in question were pending on a contest in the land office. It will be conceded that the courts are without jurisdiction to determine the right of contending parties to purchase public land while a controversy is being waged before the proper officers of the interior department to settle such right, and will refuse to aid either party, by way of affirmative relief, until such controversy is finally determined by that department. But their…
2Cited by4 opinions
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- Graham v. Superior CourtCalifornia Court of Appeal · 1933
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