Legal Opinion

Kelly v. Lewis

Supreme Court of Colorado

Decided April 15, 1906No. 5129; No. 2719 C. APublishedCited by 6 opinions

Error to the District Court of,[ Gilpin County. Hon. A. H. DeFrance, Judge. Action by William H. Kelly and Joseph B. Hafer against William J. Lewis. From a judgment for defendant, plaintiffs bring error.

1Opinion of the CourtJustice Steele

The plaintiffs below (and here) brought an action in replevin to recover the possession of certain mining machinery. The property had been placed upon certain mining claims by The Kelly Mining Company, lessee, by a-ssignment of the claims from the plaintiff Hafer. Before The Kelly Mining Company took an assignment of the lease, Hafer agreed in writing not to hold or claim a. lien upon the machinery or tools placed upon the property, and consented that they might be removed at any time, provided all royalties and expenses incurred under the lease were fully paid. Some time after the Kelly…

2Cases cited1 opinion

  1. Buchanan v. Scandia Plow Co.Colorado Court of Appeals · 1895

3Cited by6 opinions

  1. Illinois Building Co. v. PattersonSupreme Court of Colorado · 1932
  2. Radetsky v. Gramm-Bernstein Motor Truck Co.Court of Appeals for the Eighth Circuit · 1925
  3. Brennan v. W. A. Wills, Ltd.Court of Appeals for the Tenth Circuit · 1959
  4. Mountain Home Sheep Co. v. FaradayIdaho Supreme Court · 1923
  5. Brennan v. WillsCourt of Appeals for the Tenth Circuit · 1959

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