[Download] "Kurfess v. Frohlick Crane Service Inc." by Colorado Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Kurfess v. Frohlick Crane Service Inc.
- Author : Colorado Court of Appeals
- Release Date : January 09, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is a quiet title actioni brought by the owner of a patented placer mining claim, called the Bonanza, against the owner of land patented as an agricultural homestead. The petitioner (Spar Mining Co.), the owner of the Bonanza, was the plaintiff in the quiet title action. The respondent Miller is the owner of the agricultural homestead. The evidence at the trial was presented by stipulated facts and the introduction of exhibits. Uniquely, neither party made any claim that either of them or any of their predecessors in interest ever occupied the properties involved. Therefore, no statute of limitations is involved which requires proof of adverse possession, actual possession or that the lands have been vacant and unoccupied. The case rests solely upon paper titles. The district court found Spar Mining Co.s title to the Bonanza to be valid and quieted title to the placer in the company as against Miller. The court of appeals, 38 Colo. App. 249, 556 P.2d 1226, reversed. On certiorari we reverse the court of appeals and affirm the district court.