Anderson v. Cold Spring Tungsten, Inc.

458 P.2d 756 (1969)

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Anderson v. Cold Spring Tungsten, Inc.

Colorado Supreme Court
458 P.2d 756 (1969)

SC
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Facts

Cold Spring Tungsten, Inc. (plaintiff) owned a tract of land in Colorado. In 1930, William Doherty (defendant) bought a cabin located on the land from the Boulder Rotary Club. Doherty and his family, including June and James Anderson (defendants), used the cabin as a vacation home. The defendants spent summer weekends at the cabin, sometimes staying up to one month. The defendants put up “No Trespassing” signs and locked the door when they were not using the cabin. In 1966, Cold Spring sued the defendants, seeking to quiet title in the property. The defendants testified that they believed they owned not only the cabin but also the land under and surrounding the cabin. The trial court found that the defendants’ possession of the property was peaceable and therefore did not constitute adverse possession. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Pringle, J.)

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