Raynolds v. Ray
Supreme Court of Colorado
Error to District Court of Chaffee County. This was a suit instituted in the district court of Chaffee county by Frederick A. Raynolds, as assignee of Hartzell Bros., to enjoin Robert Ray, as sheriff of that county, together with E. B. Jones and J. T. Blake, judgment creditors of Hartzell Bros., from selling certain real estate of the assignors on executions issued on judgments obtained by said creditors in the county court.
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Error to District Court of Chaffee County. This was a suit instituted in the district court of Chaffee county by Frederick A. Raynolds, as assignee of Hartzell Bros., to enjoin Robert Ray, as sheriff of that county, together with E. B. Jones and J. T. Blake, judgment creditors of Hartzell Bros., from selling certain real estate of the assignors on executions issued on judgments obtained by said creditors in the county court. Both parties claimed priority of lien upon the real estate in controversy, the plaintiff in error by virtue of the assignment, the defendants in error by virtue of the…
1Opinion of the CourtJustice Elliott
The vital question in this action is, Who has the better claim to certain real property located in Ohaffee county, Colorado, belonging to Hartzell Bros., copartners, etc., the plaintiff, Raynolds, their assignee, or the defendant, the sheriff of Ohaffee county, who levied attachments thereon for certain creditors of said copartnership? The assignment was executed in Ouster county on September 4, 1882. The writs of attachment were issued out of the county court of Ohaffee county, and the sheriff made and recorded his levy in Ohaffee county on September 5, 1882, a few hours before the articles…
2Cases cited3 opinions
- Brown v. TuckerSupreme Court of Colorado · 1883
- Emery v. YountSupreme Court of Colorado · 1883
- More v. ThayerNew York Supreme Court · 1850
3Cited by9 opinions
- Thompson v. WhiteSupreme Court of Colorado · 1898
- Northern Indiana Railway Co. v. Lincoln National BankIndiana Court of Appeals · 1910
- Schuster v. RaderSupreme Court of Colorado · 1889
- Weiss v. AhrensColorado Court of Appeals · 1913
- Crow-Watson Properties, Inc. v. CarrierColorado Court of Appeals · 1986
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