MINEBK00316

• County: Teller
• Document: Manager
• Suffix: E

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NALL,SBABBITT h THAYEP
GIDDINGB BLOOM
COLORADO BPBIx08~ COLOBYDD
To the 'tenderfoot Hill Consolidated Mini~ag Corrcpan~, Colorado Springs,. Colorado:
' GExTLEUSx:-We have examined the title to the following lode mining claims, situated on or
near Tenderfoot Hill, in the Cripple Creek Mining District, Teller county, Colorado, as abstracted in
abstracts of title furnished ¢nd certified to this date by The El Paso County Abstract Company, and
upon such examination express the following opinion:
li, That the fee simple title evidenced by patent of the United States is bested in your Company,
in and to the Sarah Bell, Larence Worden, Hill Tog, Hill Top No, 2 and $ill Top No. 3 lode mining
claims, joint United States Mineral Survey No. 8691, containing a patented area of 38.178 acres, more
or less, a5 described in patent of the United States therefor, dated February 3d, 1896, and recorded in
Book 196 at page 26 of the records of El Paso County, Colorado, free and clear of all liens or encum-
brances of record, except as to a portion containing about 2.9 acres of said Sarah Bell claim. The legal
title to this portion is in your Company, but the equitable title is subject to cloud.
2. !, That the title se evidenced by Receiver's Receipt is vested in your Company in and to the
Deadwood No. 1, Deadwood No. 2, Deadwood No. 3 and Deadwood Noz 4 lode mining claims, joint
United States Mineral Survey hTO.9998,containing an area of 23.237 acres, more or less, as described in
Receivers Receipt therefor, dated February 1Sth, 1899, and recorded in Book 296, at Page 4, of the
records ejf said El Paso county, free and clear of all liens and encumbrances of. record, except an agree-
ment bef~ween The Champagne Mining and Milling Company, then owner of said Deadwood claims, and
The Currency Mining Company, as owner of the Printer lode mining claim, dated December 21st, 1897,
and recorded February 25th, 1899, iu Book 297, at Page 82, of the records of said El Paso county, rela-
tive to certain veins and rights to veins within the conflict between said Deadwood claims and the
Printer bode mining claim, for the enforcement of which an action is now pending. This agreement,
however;: is subsequent in date to the recording in El Paso county of a transcript of judgment under
which, tl'irough execution sale and mesne conveyances, your Company's grantor acquired title; and sub-
sequeut in record to ,the conveyance to your Company's grantor. It would, therefore, appear on tho
face of t~re records that the agreement is inoperative as against your. Company, and if this is the case
neither your Company nor its title to the premises in controversy would be endangered or .prejudiced
thereby:
3J .It appears. from the Land Office records that after entry of said Deadwood claims, one H.
Carl Neilson in June, 1899, filed certain protests against the iseuanco of patent thereon; that these pro-
testa weie dismissed for insufficiency by the Commissioner of the General Land Office on August 16th,
1899, and that this decision was appealed from by the protestant and, 'on February 12th; 1900, confirmed
by the Secretary of the Interior.
From an examination of these decisions we are of the opinion that the protests were ill-founded
and that patent should shortly issue for the entire area embraced in the Receiver's Receipt, whereupon
the fee simple title to said Deadwood claims will become vested and confirmed in your Company, sub-
. ject only to the construction placed upon the above mentioned agreement relative to the conflict with
the Printer lode mining clainxe.
Very truly yours,
_,. (Signed) HALL, BABBITT & THASBB.
Dated: Cowaeno Sraxxce, Cow., March let, 1900. '
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