Moyle v. Bullene
Colorado Court of Appeals
Appeal from the District Court of Gtilpin County. The action was ejectment; the controversy over a lode mining claim, situated at Black Hawk on Bob Tail hill. Plaintiff claimed title to it as the “ Tywarnhail Lode; ” defendants as the “ Lady B. Lode.” The two claims contended for covered, if not identically, substantially the same ground.
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Appeal from the District Court of Gtilpin County. The action was ejectment; the controversy over a lode mining claim, situated at Black Hawk on Bob Tail hill. Plaintiff claimed title to it as the “ Tywarnhail Lode; ” defendants as the “ Lady B. Lode.” The two claims contended for covered, if not identically, substantially the same ground. Plaintiff alleged a discovery and occupation by one William Messenger, on January 12,1882, as the “ Big Lode ” that Messenger remained in possession until 1885, when he forfeited title by death and failure to perform the assessment work of $100; that on the…
1Opinion of the CourtReed, P. J.
The abstract in this case fails to furnish the necessary information, and I have been compelled to resort to the record for nearly all the information I have been able to obtain. On all important questions of fact in regard to the discovery, location and occupation of the mine by the respective contestants, there is no abstract of the evidence whatever. It is said “ that plaintiff, to maintain the issues on his part, introduced evidence tending to prove,” etc. Then follows a schedule of facts which, if proved, would clearly establish every substantive fact necessary to a possessory title…
2Cited by9 opinions
- Morrison v. ReganIdaho Supreme Court · 1902
- Hoban v. BoyerSupreme Court of Colorado · 1906
- Old Dominion Copper Mining & Smelting Co. v. HaverlyArizona Supreme Court · 1907
- Sullivan v. SharpSupreme Court of Colorado · 1905
- Cram v. ChurchUtah Supreme Court · 1959
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