Bassick Mining Co. v. Schoolfield

• Decision Date: 18 May 1887
• Citation: 14 P. 65,10 Colo. 46
• Parties: BASSICK MIN. CO v. SCHOOLFIELD and others.
• Court: Colorado Supreme Court

14 P. 65

10 Colo. 46

BASSICK MIN. CO v. SCHOOLFIELD and others.

Supreme Court of Colorado

May 18, 1887

Error to district court, Custer county.

This action was brought by Schoolfield to enforce a mechanic's lien against the Bassick Mining Company, Adams, and others. Adams filed an answer and cross-complaint in the suit claiming a lien upon all the premises in the plaintiff's complaint. Templeman, Holthoff, Jordi, and Armstrong were intervening petitioners. The several cases were tried and determined as one suit, under the statute. The court entered the following decree.

'Now this cause coming on to be heard on the complaint, the answer, and cross-bill of the defendant B. C. Adams, the intervening petitions of H. C. Holthoff, John H. Templeman Thomas Armstrong, and John Jordi, and the default of the defendant the Bassick Mining Company to answer, and the report of the referees heretofore appointed herein, and all matters and things having been heard and fully considered by the court, and the court being fully advised in the premises it is ordered, adjudged, and decreed that the said plaintiff have and recover of and from the said defendant the Bassick Mining Company the sum of six thousand and ninety-three dollars and nine cents, and that he have a lien on the said property of the said Bassick Mining Company, as prayed for in his said complaint, and his costs to be taxed; that the said defendant the said B. C. Adams have and recover of and from the said defendant the Bassick Mining Company the sum of two thousand three hundred and twenty-one dollars and fifty-two cents, and that he have a lien therefor on the property of said Bassick Mining Company, as asked for in his said cross-complaint, and his costs to be taxed; that the intervening petitioner John Jordi have and recover of and from the defendant the Bassick Mining Company the sum of two hundred and sixty-two dollars and fifty cents, and that he have a lien on the property of said mining company, as asked for in his said petition, and his costs to be taxed; that the intervening petitioner Thomas Armstrong have and recover of and from the defendant the Bassick Mining Company the sum of twenty-one thousand two hundred and twenty-five dollars ($21,225) and ninety-three cents, and that he have a lien on the property of the said the Bassick Mining Company therefor, as asked for in his said intervening petition, and his costs to be taxed; that the intervening petitioner John H. Templeman have and recover of and from the defendant the Bassick Mining Company the sum of seven hundred and ninety-seven (797) dollars and fifty cents, and that he have a lien on the property of the said the Bassick Mining Company therefor, as asked for in his said intervening petition, and his costs to be taxed; that the intervening petitioner H. C. Holthoff have and recover of and from the defendant the Bassick Mining Company the sum of four thousand and two hundred and twenty-one (4,221) dollars and twenty-six cents, and that he have a lien upon the property of the said the Bassick Mining Company as asked in his said intervening petition, and his costs to be taxed.

'It is further ordered, adjudged, and decreed that the said property of the said defendant the Bassick Mining Company, to-wit: 'The Maine lode and mill-site, being mineral certificate number twenty-nine, (29,) designated by the surveyor general as lots Nos. 59 A and 59 B, recorded in Book 27, pages 112, 113, 114, 115, and 116, of the Custer county, state of Colorado, records; also the Triangle lode, being mineral certificate No. 92, designated by the surveyor general as No. 181, recorded in Book 41, at pages 1, 2, 3, and 4, of the said Custer county records; also the Spring lode, being mineral entry No. 94, designated by the surveyor general as lot No. 182, recorded in Book 41, at pages 5, 6, 7, and 8, of the said Custer county records; also the Frank lode, being mineral certificate No. 93, designated by the surveyor general as lot No. 192, recorded in book 41, at pages 9, 10, 11, and 12, of the records of said Custer county; also the Georgie lode and Lookout mill-site, being mineral entry No. 95, and designated by the surveyor general as lots Nos. 193 A and 193 B, recorded in Book 41, at pages 13, 14, 15, and 16, of the records of said Custer county; also a three-quarters interest in the Nemeha lode, being mineral certificate No. 34, designated as lot 64, recorded in Book 21, pages 464, 465, and 466, of the records of said Custer county; also the Lookout lode, being mineral certificate No. 28, designated as lot 58, recorded in Book 21, at pages 565, 566, 567, and 568, of the records of said Custer county,--together with all the buildings, machinery, and improvements thereon situate, and the privileges and appurtenances thereunto belonging, all in Hardscrabble mining district, in the said county of Custer and state of Colorado, be sold by the sheriff of said Custer county on the same terms and conditions as the sheriff is directed by the law to sell real estate on execution; and, after having given notice as required by law for the sale of real estate on execution, for cash in hand, to the highest and best bidder, selling said property in separate parcels, or all together, as will bring the most money.

'It is further ordered that the said sheriff shall appropriate the proceeds of said sale as follows: (1) To the payment of all the costs of this proceeding, including whatever balance may be due the receiver, James W. Kurtz, for the care and preservation of the said property up to and including the day of sale; (2) to the payment of the several liens herein declared, and the judgments herein decreed, in full, if there shall be a sufficiency to pay the same; but if there shall not be a sufficiency to pay the same, then payment on said judgments to be made pro rata. And in case said judgments shall not be paid in full, each and all the parties, claimants therein, shall have execution for the balance remaining unpaid.'

The defendant the Bassick Mining Company brings the cause to the supreme court by writ of error. The further facts in the case sufficiently appear in the opinion of the court.

Patterson & Thomas, for plaintiff in error.

No appearance for defendants in error.

ELBERT J.

The petition of Schoolfield claimed a lien upon all the property of the defendant the Bassick Mining Company. The defendant Adams filed his answer and cross-bill, claiming a lien upon all the property. Templeman, Holthoff, and Jordi successively filed their respective petitions as intervenors, also claiming on all the property. Subsequently Armstrong filed his petition as an intervenor, claiming a lien upon a part of the property only, viz., the Maine lode. The liens decreed the several lien claimants, with the exception of Armstrong, were upon all the property of the defendant consisting of seven or more lodes, and...