Buchanan v. Burgess

Mr. Justice Burke, sitting for Mr. Chief Justice Campbell,

delivered the opinion of the court.

Plaintiff in error is hereinafter referred to as Buchanan, defendants in error as Burgess and Phillips respectively, and one Katherine McHugh, deceased, as McHugh.

Burgess and Phillips, alleging ownership and right of possession, brought ejectment against Buchanan to recover six lots in the city of Denver, and damages for detention. Buchanan admitted their ownership but denied their right of possession. This right he claimed under an oral contract for a ten year lease, on the faith of which he had made…