Elder v. Schumacher
Supreme Court of Colorado
Appeal from the District • Court of Lahe County. This is a controversy in reference to the title to lots numbers twenty-seven and twenty-eight, in block sixty-six, Stevens & Leiter’s subdivision of U. S. Survey No. 271, in the city of Leadville, county of Lake, and state .of Colorado. The complaint is in the form usually adopted under the. code for possession and damages for the detention of real property.
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Appeal from the District • Court of Lahe County. This is a controversy in reference to the title to lots numbers twenty-seven and twenty-eight, in block sixty-six, Stevens & Leiter’s subdivision of U. S. Survey No. 271, in the city of Leadville, county of Lake, and state .of Colorado. The complaint is in the form usually adopted under the. code for possession and damages for the detention of real property. It is alleged therein that Charles P. Schumacher, the plaintiff, is the owner of the property in controversjL The defendant Dixon made default. He was merely a tenant and had no interest in…
1Opinion of the CourtChief Justice Hayt
The sole controversy in this case grows out of the deed of' Mrs. DeWalt to her sister, Mrs. Brewster. The contention *436of the plaintiff is that Mrs. DeWalt at the time of- its execution was non compos mentis; it is claimed that no title passes by this deed, but that the title to the premises remained in Mrs. DeWalt, notwithstanding the deed, at the time of her death, and that, dying without issue, the title vested in her husband, under the statute, thereby becoming subject to execution for his debts. No question was raised by counsel below, or in this court, as to the sufficiency of the…
2Cases cited2 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Knox v. McFarranSupreme Court of Colorado · 1879
3Cited by6 opinions
- Beals v. ConeSupreme Court of Colorado · 1900
- Delsas Ex Rel. Delsas v. Centex Home Equity Co.Colorado Court of Appeals · 2008
- Cornell v. Albuquerque Chemical Co., Inc.New Mexico Court of Appeals · 1978
- Lewis v. HamiltonSupreme Court of Colorado · 1899
- People Ex Rel. Shaklee v. MilanSupreme Court of Colorado · 1931
1 more not listed; retrieve them via the Exa API.