Empire Ranch & Cattle Co. v. Jones

Decision Date05 June 1911
Citation51 Colo. 128,117 P. 176
CourtColorado Supreme Court
PartiesEMPIRE RANCH & CATTLE CO. v. JONES.

Appeal from Washington County Court; C. W. Ballard, Judge.

Action by Sylvester G. Jones against the Empire Ranch & Cattle Company. From a judgment for plaintiff, defendant appeals. Affirmed.

R. H. Gilmore and J. C. Gunter, for appellant.

Isaac Pelton and E. T. Wells, for appellee.

BAILEY, J.

The action, wherein appellee was plaintiff and appellant was defendant, was to remove cloud from title, created, as is alleged, by a void tax deed and a void decree entered in the county court of Washington county, Colorado, on the 2d day of July, 1902, on constructive service, which assumed to quiet title to the land in the defendant. The judgment and decree was for plaintiff and defendant brings the case here for review on appeal.

On the authority of the decision in the case of the Empire Ranch and Cattle Company v. Coldren, 117 P. 1005, just announced, the title of plaintiff being unchallenged in argument, the judgment must be affirmed, as the issues involved in the two cases are practically identical.

The judgment is affirmed. All concur.

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