Laserfiche WebLink
i <br />I'_'9 Colo. April, 'S4 ~ FARRELL 1J, SAYRE 369 <br />~ l <br />~iicur in Mr. Loins I. HART, JR., Mr. D. W. STI~ICKLAND, JR., Mr. <br />J. R. STRICKLAND, Mr. RICHARD TULL, for plaintiff in <br />error. ~ ~r <br />MBSSTS. KELLY 8 CLAYTON, Mr. LEROY J. WILLIAAIS, for ` <br />defendants in error. "'' <br />~•'`t <br />En Bnnc. , <br />t:. <br />~,::: <br />MR. JUSTICE HOLLAND delivered the opinion of the • ; <br />court. <br />;;. <br />ON June 25, 1940, defendant in error Sayre gave a <br />i <br />~ing the special warranty deed to one Carleno in conveyance on <br />~~ upon the surface rights in and to 240 acres of land in Gilpin <br />.~l court county, Colorado, more particularly described as the SE <br />inerals ~/, the SE ~/a of the A'E ~/~ and the SEA/t of the SW I/.I "_'~ <br />;i deed of section 32, township 1, S.R. 72 W. of the 6th P.M. ,~' <br /> This deed contained the following reservation: "• s <br /> and excepting and reserving all mineral and mineral ;. ~ <br /> rights and rights to enter upon the surface of the land ,• <br />' n~hen and extract the same ' ' '," . ~~ <br />i~.;tancee - This deed was recorded October 25, 1941, and on that i' ~] <br />'i"es not day Carleno quitclaimed his interest by a deed to plain- I <br />r tiff in error Farrell. It is admitted that the entire sur- ~'~'I <br />,+~tiethc <br />he true face of the property described in the deed consists of t"'J <br />~ i' ~. I <br />n,;ning sand and gravel; that Sayre never had conducted any ;•~ <br />ne time gravel operations on the land; that at the time he gave ~~~ :` <br />so re- the Carleno deed, the gravel had no commercial value; (: '_ <br /> ~' and that he did not contemplate any use of the sand and t' - <br />iudR_ gravel at that time. However, prior to the issuance of `~ <br />orrtain the Carleno deed, there had been a gold placer operation ~ C. <br />..a end on some of the ]and from which Sayrg had received sub- <br />+~rd ere stantia] royalties. <br />' . ~. la <br />+ there- 1n ]943, plaintiff Farrell, having had previous business ~ ~. <br /> negotiations with the Denver and Salt Lake Railroad • <br />;ty of Company, interested said company in acquiring gravel i <br /> from the ]and to be used as ballast on their roadbed. A ~ ` <br />,. <br />., i <br />~ ;. <br />,,. <br />I <br />°~ I . , , r <br />