Butts v. Sauve

On Rehearing.

Me. Justice Demtsoit.

The point was made that we were wrong in saying that a plaintiff who had shown no right in himself could not object to the insufficiency of the pleading or proof of the defendant in an adverse claim. It is true that Thomas v. Chisholm, 13 Colo. 105, 21 Pac. 1019, was reversed because the allegations and proof of the defendants were insufficient to support their claim to a patent from the United States, but it does not there appear whether the allegations and proof of the plaintiff were sufficient to support such claim for him. In Kirk v. Meldrum, 28 Colo.…