Colorado Fuel Co. v. Maxwell Land Grant Co.
Supreme Court of Colorado
Appeal from the District Court of Las Animas County. On the 7th day of November, 1889, The Maxwell Land Grant Company instituted this action against The Colorado Fuel Company to quiet title to 800 acres of land situate in township 34, range 64, in Las Animas county, Colorado, averring ownership and possession of the land under and by virtue of a patent issued by the United States to Carlos Beaubien and Gaudalupe Miranda, on the 19th of May, 1879, for a grant of land made to…
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Appeal from the District Court of Las Animas County. On the 7th day of November, 1889, The Maxwell Land Grant Company instituted this action against The Colorado Fuel Company to quiet title to 800 acres of land situate in township 34, range 64, in Las Animas county, Colorado, averring ownership and possession of the land under and by virtue of a patent issued by the United States to Carlos Beaubien and Gaudalupe Miranda, on the 19th of May, 1879, for a grant of land made to them by the Republic of Mexico in 1841, and known as the “Beaubien and Miranda,” or “ Maxwell,” land grant; and various…
1Opinion of the CourtJustice Goddard
The record fails to disclose that any exception to the judgment was. properly preserved. The--statement in the order allowing the appeal, that an exception was taken to the final judgment, is not sufficient. It constitutes no part of the record. Burnell v. Wachtel, 4 Colo. App. 556. Under the uniform decisions of this court and the court of appeals, an exception to the final judgment, properly preserved and brought into the record by a bill of exceptions, is essential to obtain a review of the judgment upon the facts, or the law as applied to the facts. Jerome v. Bohm, 21 Colo. 322, and cases…
2Cases cited6 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Beard v. FederySupreme Court of the United States · 1866
- More v. SteinbachSupreme Court of the United States · 1888
- Russell v. Maxwell Land Grant Co.Supreme Court of the United States · 1895
- Burnell v. WachtelColorado Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Friends of the Black Forest Regional Park, Inc. v. Board of County CommissionersColorado Court of Appeals · 2003
- Schuch v. HartshornSupreme Court of Colorado · 1910