McFeters v. Pierson
Supreme Court of Colorado
Error to District Gourt of Ouray Goionty. This was an action brought by Pierson and others, plaintiffs, against McFeters and others, defendants.
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Error to District Gourt of Ouray Goionty. This was an action brought by Pierson and others, plaintiffs, against McFeters and others, defendants. The complaint alleges, imter alia, “ that plaintiffs are, and ever since the 12th day of October, 1886, have been, the owners of, and in the actual occupation and possession of, the John A. Logan lode mining claim, situated in Red Mountain mining district, county of Ouray and state of Colorado, location certificate whereof is duly recorded in book 29, on page 595, records of said Ouray county; that at divers times between the 20th day of October,…
1Opinion of the CourtJustice Elliott
On the trial it appeared that no patent from the United States had ever issued for the mining lode claimed by plaintiffs, and that their title was based upon their location certificate, and other evidence tending to show compliance with the laws of the United States relating to the acquisition of mineral lands.
Counsel for plaintiff in error contend that such evidence of title, however clear, is not sufficient to support the averments of the complaint; that the complaint avers ownership in the plaintiffs without qualification; and that such averment cannot be sustained, except by proof of a…
2Cases cited17 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Belk v. MeagherSupreme Court of the United States · 1881
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Coryell v. CainCalifornia Supreme Court · 1860
- Halleck v. MixerCalifornia Supreme Court · 1860
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3Cited by30 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Skamania Boom Co. v. YoumansWashington Supreme Court · 1911
- Russell v. MeyerNorth Dakota Supreme Court · 1898
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