Empire Ranch & Cattle Co. v. Jones

• Decision Date: 05 June 1911
• Citation: 51 Colo. 128,117 P. 176
• Court: Colorado Supreme Court
• Parties: EMPIRE RANCH & CATTLE CO. v. JONES.

117 P. 176

51 Colo. 128

EMPIRE RANCH & CATTLE CO. v. JONES.

Supreme Court of Colorado

June 5, 1911

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...