Mills v. Hart
Supreme Court of Colorado
Appeal from the District Court of Dagle County. Plaintiffs commenced this action to recover from the defendants an interest in the Nevada and Champion lodes, and the value of ores extracted from the premises, averring that these claims were located April 13, 1880; that they purchased their interest from the locators, and allege a compliance upon their part, and the part of their grantors, with the laws relative to mining claims; and that subsequent to such purchase, the…
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Appeal from the District Court of Dagle County. Plaintiffs commenced this action to recover from the defendants an interest in the Nevada and Champion lodes, and the value of ores extracted from the premises, averring that these claims were located April 13, 1880; that they purchased their interest from the locators, and allege a compliance upon their part, and the part of their grantors, with the laws relative to mining claims; and that subsequent to such purchase, the defendants, or some of them, in 1886, became the owners by purchase of the remaining interest therein, and thereafter…
1Opinion of the CourtJustice Gabbeet
By the pleadings, issues were joined upon the following questions:
1. The relationship of cotenancy between the plaintiffs, and the individual defendants.
2. Acquisition of title by defendant company, with knowledge or notice of the rights and claims of plaintiffs.
As a general proposition, a motion for judgment on the pleadings, based on the facts thereby established, cannot be sustained, except where, under such facts, a judgment different from that pronounced could not he rendered, notwithstanding any evidence which might he produced (Rice v. Bush, 16 Colo. 484) ; or that such a motion cannot…
2Cases cited5 opinions
- Turner v. SawyerSupreme Court of the United States · 1893
- Rice v. BushSupreme Court of Colorado · 1891
- Kannaugh v. Quartette Mining Co.Supreme Court of Colorado · 1891
- Harris v. HarrisColorado Court of Appeals · 1897
- Fkanklin Mining Co. v. O'BrienSupreme Court of Colorado · 1896
3Cited by26 opinions
- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Seaton Mountain Electric Light, Heat & Power Co. v. Idaho Springs Investment Co.Supreme Court of Colorado · 1910
- Stuart v. Colorado Eastern RailroadSupreme Court of Colorado · 1916
- Van Wagenen v. CarpenterSupreme Court of Colorado · 1900
- Ballard v. GolobSupreme Court of Colorado · 1905
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