Buck v. Fischer
Supreme Court of Colorado
Error to District Court, Arapahoe County. The bill was filed by Amelia L. Fischer and C. F. A. Fischer against Wm. Buck, Karl B. Ammunn and A. K. Buck, to foreclose a mortgage given by the said William Buck to Frantz A. Brocker. The bill was dismissed as to Ammunn, and the other defendants demurred. As originally framed, complainants appeared to claim in their own right, and the demurrer was sustained, apparently on that ground.
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Error to District Court, Arapahoe County. The bill was filed by Amelia L. Fischer and C. F. A. Fischer against Wm. Buck, Karl B. Ammunn and A. K. Buck, to foreclose a mortgage given by the said William Buck to Frantz A. Brocker. The bill was dismissed as to Ammunn, and the other defendants demurred. As originally framed, complainants appeared to claim in their own right, and the demurrer was sustained, apparently on that ground. The bill was subsequently amended so as to show the death of Brocker, leaving the said Amelia his sole legatee and devisee, and that she, before the commencement of…
1Opinion of the CourtBeuforh, J.
This was a bill in chancery, brought by Amelia Fischer, sole devisee and legatee of Frantz A. Brooker, to foreclose, a mortgage. The respondents appeared, submitted to a rule to plead ; made default, and thereupon the bill was referred to the master. Upon the incoming of his report, numerous exceptions were taken, and, among them, that the respondents had no notice of the time and place where the evidence was to be taken, and had no opportunity to cross-examine the witnesses, etc. They, at the same time, moved to have the cause re-referred to the master, so that the witnesses might be…
2Cases cited2 opinions
- Moore v. TitmanIllinois Supreme Court · 1864
- Hart v. D. & A. SmallNew York Court of Chancery · 1834
3Cited by3 opinions
- Helvetia Swiss Fire Insurance v. Edward P. Allis Co.Colorado Court of Appeals · 1898
- McGooden v. BartholicAppellate Court of Illinois · 1906
- Helvetia Swiss Fire Insurance v. Edward P. Allis Co.Colorado Court of Appeals · 1898