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SPAR CONSOL. MIN. & DEVELOP. COMPANY v. MILLER

No. 75-522.

556 P.2d 1226 (1976)

SPAR CONSOLIDATED MINING AND DEVELOPMENT COMPANY, a Colorado limited partnership, Plaintiff-Appellee, v. William E. MILLER, personal representative of Caroline Charters Miller, Deceased (by substitution), Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 7, 1976.

Certiorari Granted December 13, 1976.

Attorney(s) appearing for the Case

Conover, McClearn & Heppenstall, P.C., Hugh J. McClearn, Michael S. McCarthy, Denver, for plaintiff-appellee.

Oates, Austin & McGrath, Ronald D. Austin, Aspen, for defendant-appellant.

Selected for Official Publication.

COYTE, Judge.

This is an appeal from a judgment quieting title in plaintiff to approximately 19 acres of land. Defendant appeals. We reverse.

Plaintiff's and defendant's predecessors in title were each issued a United States patent to their respective properties.

Plaintiff claims under a chain of title originating in Bonanza Placer. Its predecessor in title made a mineral entry location on March 27, 1889,...

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