Supreme Court of Colorado, 1887

Bassick Min. Co. v. Davis

Supreme Court of Colorado · Decided December 15, 1887 · Elbert

11 Colo. 130

Cases that cite this one

6 later published cases cite this decision.

Bechmann v. Taylor (Colo. 1926)
Schneider v. Cross (Colo. 1926)
Casco Mercantile & Trust Co. v. Central Savings Bank & Trust Co. (Colo. 1924)
Terrace Irrigation District v. Overflow Ditch No. 1 (Colo. 1921)
Allen v. Blanche Gold Mining Co. (Colo. 1909)
Tabor v. Sullivan (Colo. 1888)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Elbert, J.

The demurrers of the several defendants were properly overruled. The bill of complaint stated a case for equitable jurisdiction and relief. When, through *134fraud, mistake, or for any reason recognized as a ground of equitable interference, the legal title to any portion of the public domain has been obtained by a party, when in equity and good conscience another was better entitled, a court of equity will treat the patentee as a trustee, and compel him to convey. Filmore v. Reithman, 6 Colo. 120; Wells v. Francis, 7 Colo. 396; Johnson v. Towsley, 13 Wall. 74; Moore v. Robbins, 96 U. S. 530; Marquez v. Frisbie, 101 U S. 473. Counsel for the appellant Delano contends that he was a bona fide purchaser for a valuable consideration, without notice. This was matter for defense, and should have been interposed by answer. •Where the facts do not appear on the face of the complaint, so as to permit a demurrer, this defense must be pleaded in order to be'available. 2 Pom. Eq. Jur. § 784, and cases cited.

The decree of the court below must be affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.