Lee v. Stahl
Supreme Court of Colorado
Appeal from District Court of Clear Creek County. This action was brought by the appellee, Ernest Stahl, to recover the possession of the Lone Tree lode. His patent from, the government, under date of the 5th of November, 1878, reciting entry at the local land office at Central City, Colorado, on the 13 th day of April, 1873, shows his title in fee. The defendant Lee is the owner of the Argentine silver lode.
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Appeal from District Court of Clear Creek County. This action was brought by the appellee, Ernest Stahl, to recover the possession of the Lone Tree lode. His patent from, the government, under date of the 5th of November, 1878, reciting entry at the local land office at Central City, Colorado, on the 13 th day of April, 1873, shows his title in fee. The defendant Lee is the owner of the Argentine silver lode. His patent from the government is under date of the loth of August, 1876, and recites an entry at the same local land office, under date of July 3, 1875. The entry of the Argentine lode…
1Opinion of the CourtElbert, J.
1. The testimony offered on behalf of the defendant, in support of his allegation that his tunnel is on the Argentine vein, is unsatisfactory, and in conflict with the preponderance of evidence. We nevertheless think that there is sufficient to have taken it to the jury, and that the court erred in instructing the jury that, “under all the circumstances, they should find for the plaintiff.” After such an instruction, the subsequent submission of the case to the jury was practically nominal. A further objection to the instruction containing the foregoing direction lies in the fact that it was…
2Cases cited5 opinions
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
- Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
- Branagan v. DulaneySupreme Court of Colorado · 1885
- Montelius v. AthertonSupreme Court of Colorado · 1882
3Cited by18 opinions
- Calhoun Gold Mining Co. v. Ajaz Gold Mining Co.Supreme Court of the United States · 1901
- Home Public Market v. NewrockSupreme Court of Colorado · 1943
- Kannaugh v. Quartette Mining Co.Supreme Court of Colorado · 1891
- Lee v. StahlSupreme Court of Colorado · 1889
- Kunz v. NelsonUtah Supreme Court · 1938
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