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Sullivan v. Iron Silver Mining Co., 109 U.S. 550 (1883)

Sullivan v. Iron Silver Mining Company

Submitted November 6, 1883

Decided December 17, 1883

109 U.S. 550


A demurrer admits all facts well pleaded.

Under the Colorado Code of Civil Procedure, as at common law, facts may be pleaded according to their legal effect without setting out the particulars that lead to it, and necessary circumstances implied by law need not be expressed in the plea.

In an action by the patentee of a placer claim to recover possession of a vein or lode within its boundaries, an answer alleging that the vein or lode was known to the patentee to exist at the time of applying for the patent and was not included in his application well pleads the fact which, under § 2333 of the Revised Statutes, precludes him from having any right of possession of the vein or lode.

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