Givens v. Wheeler
Supreme Court of Colorado
Error to District Court of El Paso County. The complaint in this case substantially alleges that “ defendant, May 1st, 1880, sold and conveyed to plaintiff a certain ranch, with all the improvements thereon, plaintiff paying defendant therefor $1,100.00. That defendant covenanted in his deed to plaintiff that he had good right and full j>ower to sell the same and was well seized thereof as of good, sure and absolute title.”
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Error to District Court of El Paso County. The complaint in this case substantially alleges that “ defendant, May 1st, 1880, sold and conveyed to plaintiff a certain ranch, with all the improvements thereon, plaintiff paying defendant therefor $1,100.00. That defendant covenanted in his deed to plaintiff that he had good right and full j>ower to sell the same and was well seized thereof as of good, sure and absolute title.” The complaint also alleges “ that at the same time defendant was not well seized as of sure and good title, nor did he then, before or since have such right or power, and…
1Opinion of the Court
Elbert, C. <T.
The amended complaint in this case was bad, in that it stated an entirely new canse of action. This is not •allowable either at common law or under the Code. Bliss’ Plead. Sec. 429, and cases cited.
The replication was vicious for the same reason. The judgment of the court below is affirmed with costs.
Affirmed.
2Cited by5 opinions
- Thompson v. WhiteSupreme Court of Colorado · 1898
- Connell v. El Paso Gold Mining & Milling Co.Supreme Court of Colorado · 1904
- Mullen v. McKimSupreme Court of Colorado · 1896
- Denver & Rio Grande R. R. v. IlesSupreme Court of Colorado · 1898
- Union Pac. R'y Co. v. SternbergSupreme Court of Colorado · 1889