Talk:White v. Crow/Opinion of the Court
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Edition: | White v. Crow, by the pleadings and evidence were as follows: From September 1, 1880, until December 1, 1882, the Brittenstine Silver Mining Company, a corporation organized under the laws of the state of New York, was the owner of 12 mining claims and a tunnel site, situate in Chaffee county, in the state of Colorado These claims were in a group, and some of them intersected and overlapped each other, and the tunnel-site extended across them John B Henslee was the authorized agent of the company under the laws of Colorado, upon whom service of process against the company could be made, and he was also a large stockholder therein, and attended, without compensation, to some of the business of the company The company became embarrassed, and suits were brought against it by its creditors in January, 1882 It owed Henslee $1,500 for money advanced to it by him Henslee assigned his claim to the defendant Joseph R Crow, in part payment of money due from him to Crow, who brought suit on the claim in the county court of Lake county, Colorado The summons was served on Henslee, as state agent, on January 9, 1882, and four days thereafter he appeared in open court, and, as the record of that case states, as general agent of the company, consented to the submission of the case, and judgment was thereupon rendered against the company in favor of Crow A transcript of this judgment was filed with the recorder of Chaffee county on January 17, 1882, and thereupon it became a lien upon the property of the company in that county, and was the oldest and best lien thereon George M Robinson recovered a judgment against the company in the same court for $34635 It became a lien on January 20, 1882, and was the second lien on the property of the company Henslee gave notice of these judgments to the officers of the company in New York, and, upon the promise that the company would pay them, the judgment creditors agreed to a stay of execution, and, in consequence, no execution was issued on either of them until four months after their rendition On June 17, 1882, the property of the Brittenstine Mining Company was sold to Joseph R Crow for the amount of the judgment in his favor on an execution issued thereon, and was again sold July 8, 1882, to George M Robison for the amount of the judgment in his favor and upon an execution issued thereon Certificates of sale were delivered to each of the purchasers and duly recorded in the recording office of Chaffee county The certificates specified the time within which the property could be redeemed, which was six months from the date of the sales respectively, to-wit, from the sale to Crow on December 17, 1882, and from the sale to Robison on January 8, 1883 The certificate given to Crow stated that the sale to him was subject to the sale to Robison The officers and directors of the company in New York received notice from Henslee of these judgments and sales, and made efforts, without success, to raise money to pay off the liens The judgments and certificates of sale were brought up by the defendants, L C Wilson, H M Noel, J L Loker, W N Loker, James Streeter, and O H Simons They appear to be the only defendants who have any interest in this suit . |
Source: | White v. Crow from http://bulk.resource.org/courts.gov/c/US/110 |
Contributor(s): | BenchBot |
Level of progress: | Text being edited |
Notes: | Gathered and wikified using an automated tool. See this documentation for more information. |
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