Cuddy v. Whatley

This is a companion case to Whatley v. Wood, No. 20588, decided this same day. It is also the second time this phase of the case has been here on writ of error. Whatley v. Cuddy, 148 Colo. 362, 366 P.2d 671 (1961).

The parties appear in the reverse order from their appearance in the trial court where plaintiff in error, John V. Cuddy, was defendant, and defendant in error, William J. Whatley, was plaintiff. We shall refer to them as Cuddy and Whatley.

*563Whatley originally brought the action to quiet title to certain patented mining property located in Garfield County, Colorado. This is the same…