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SPAR CONSOL. MIN. & DEVELOPMENT CO. v. MILLER

No. C-1100.

568 P.2d 1159 (1977)

SPAR CONSOLIDATED MINING AND DEVELOPMENT COMPANY, a Colorado limited partnership, Petitioner, v. William E. MILLER, personal representative, of Caroline Charters Miller (by substitution) Deceased, Respondent.

Supreme Court of Colorado, En Banc.

September 6, 1977.

Attorney(s) appearing for the Case

Conover, McClearn & Heppenstall, P. C., Michael S. McCarthy, Hugh J. McClearn, Denver, for petitioner.

Oates, Austin, McGrath & Jordan, Ronald D. Austin, Robert W. Hughes, Aspen, for respondent.

GROVES, Justice.

This is a quiet title action 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...

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