Legal Opinion

Rustin v. Merchants' & Miners' Tunnel Co.

Supreme Court of Colorado

Decided September 15, 1896PublishedCited by 22 opinions

Appeal from, the District Qourt of Boulder Gounty. Appellant, C. B. Rusbin, as trustee, brought this action in the court below to recover possession of the Little Alice mill site, in Gold Hill and Central mining districts, in Boulder county, Colorado. Plaintiff relies upon a certain tax sale and a tax deed to support his cause of action, and sets forth in his pleading the deed and the several steps taken in the assessment, levy, and sale of the property.

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Appeal from, the District Qourt of Boulder Gounty. Appellant, C. B. Rusbin, as trustee, brought this action in the court below to recover possession of the Little Alice mill site, in Gold Hill and Central mining districts, in Boulder county, Colorado. Plaintiff relies upon a certain tax sale and a tax deed to support his cause of action, and sets forth in his pleading the deed and the several steps taken in the assessment, levy, and sale of the property. He alleges the publication of the notice of tax sale in the Boulder Hews, and avers that the proprietor of the paper made affidavit in due…

1Opinion of the CourtChief Justice Hayt

There is some controversy with reference to the location of the Little Alice mill site, the subject-matter of this action. It is described in the assessment roll as the “ Little Alice mill site, Central and Gold Hill mining districts; ” in the advertisement for sale it is described as the “Little Alice mill site, Gold Hill mining district; ” and in the tax deed as the “ Little Alice mill site, Gold Hill district,” while in the government patent, through which both parties claim title, it is described as in the “ Central mining district.” The evidence introduced goes to show that there were…

2Cases cited4 opinions

  1. Martin v. BarbourSupreme Court of the United States · 1891
  2. Gibney v. CrawfordSupreme Court of Arkansas · 1888
  3. Martin v. AllardSupreme Court of Arkansas · 1891
  4. Knowles v. MartinSupreme Court of Colorado · 1894

3Cited by22 opinions

  1. City of Denver v. SpencerSupreme Court of Colorado · 1905
  2. Charlton v. KellySupreme Court of Colorado · 1897
  3. Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1912
  4. Lambert v. ShumwaySupreme Court of Colorado · 1906
  5. Bertha Gold Mining & Milling Co. v. BurrSupreme Court of Colorado · 1903

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