Clayton v. Spencer
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. The bill alleged that lot 12, in block 95, in the east division of Denver, was a portion of the lands entered by James Hall in trust for the use and benefit of the rightful occupants and bona fide owners of the improvements thereon, on the 6th day of May, 1865, pursuant to the act of congress of May 28, 1864, for the relief of the citizens of Denver; that in the year 1864, Mary J. McLaughlin received a deed for said lot from Henry…
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Appeal from District Court, Arapahoe County. The bill alleged that lot 12, in block 95, in the east division of Denver, was a portion of the lands entered by James Hall in trust for the use and benefit of the rightful occupants and bona fide owners of the improvements thereon, on the 6th day of May, 1865, pursuant to the act of congress of May 28, 1864, for the relief of the citizens of Denver; that in the year 1864, Mary J. McLaughlin received a deed for said lot from Henry J. Rogers, who claimed to have title thereto; and that, soon after she received said deed, the said Mary entered into…
1Opinion of the CourtBeleord, J.
In the view I take of this case it is immaterial to inquire as to the character of Rogers’ title.
The evidence shows that Mary McLaughlin, through whom the appellee claims title, was in the actual occupancy of this property prior to, and at the date of the entry, and that her possession continued until March, 1867. The record further shows that she made her filing within the 90 days, provided by law, and upon so doing, she was entitled to a conveyance. Clayton’s title is derived through the Denver Town Company, and it does not appear that either Clayton *381or Ms grantors were ever in the actual…
2Cases cited3 opinions
- Silver v. LaddSupreme Court of the United States · 1869
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Dolton v. CainSupreme Court of the United States · 1872
3Cited by4 opinions
- Mayor of Aspen v. Aspen Town & Land Co.Supreme Court of Colorado · 1887
- Pascoe v. GreenSupreme Court of Colorado · 1893
- Fillmore v. RiethmannSupreme Court of Colorado · 1881
- Fillmore v. RiethmannSupreme Court of Colorado · 1881