§ 34-53-107 — Notice of adverse claim - action

If any person, association, or
corporation is or claims to be the owner or entitled to the possession of any mining
claim in the actual possession of some other person, association, or corporation
claiming to be the owner or entitled to the possession thereof, and mining and
shipping ore therefrom, if he desires to hold purchasers of such ore responsible for
the value of such ore, may serve or cause to be served upon such purchaser a notice
in writing, setting forth the name of the mining claim, the names of the claimants
and owners thereof, the name of the person, association, or corporation mining or
shipping ore therefrom, and warning such purchaser that he will be held
responsible for all ores purchased and delivered from such mine by such person,
association, or corporation, or his heirs and assigns subsequent to the service of
such notice. Within five days from and after the service of such notice, the person,
association, or corporation serving or causing the same to be served shall institute
an action in some court of competent jurisdiction against the person, association, or
corporation in possession of such mining claim to enjoin him from the mining or
shipment or sale of ores therefrom pending such action and shall at once notify
such purchaser of the pendency of such action. If the notice provided for in this
section shall be served after such an action has been instituted it shall not be
necessary to commence another under the provisions hereof.

Legislative History

Source: L. 1889: p. 274, � 3. R.S. 08: � 4246. C.L. � 3360. CSA: C. 110, � 253. CRS 53: � 92-30-8. C.R.S. 1963: � 92-30-8.