Any person, association of persons, or corporation in the peaceful possession of any mining claim, under claim or color of title, and engaged in the mining and sale of ores therefrom, as to all persons purchasing such ore, in good faith and without notice, as provided in section 34-53-107, of the claim of any other person, association, or corporation to such mining claim, shall be deemed to be the owner of such ore.
Source: L. 1889: p. 273, § 1. R.S. 08: § 4244. C.L. § 3358. CSA: C. 110, § 251. CRS 53: § 92-30-6. C.R.S. 1963: § 92-30-6.
ANNOTATION
Whether ore is realty or personalty is determined by the dominant factors: What is physical nature of materials, what is relationship between litigants, and what is intent regarding ultimate disposition of property. Smith v. El Paso Gold Mines, Inc., 720 P.2d 608 (Colo. App. 1985).