Downing North Denver Land Co. v. Burns
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. The plaintiff, appellee here, began suit in the district court for the foreclosure of a deed of trust.
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Appeal from the District Court of Arapahoe County. The plaintiff, appellee here, began suit in the district court for the foreclosure of a deed of trust. The complaint alleges the due execution of a promissory note by the defendant for the sum of $2,368.11; that the note has become due and that no part or portion of the principal, and' only one instalment of the interest, has been paid; the due execution and record of a deed of trust by the defendant to secure the payment of the note; and sets forth a condition contained in the deed of trust authorizing the sale of property in case of default…
1Opinion of the CourtJustice Steele
The court did not err in. granting the motion to strike. The denial not being iñ the form prescribed by the statute, the motion to strike was properly granted. “The-statute appears to make a distinction between the, words ‘information’ and ‘knowledge, ’ and to say that one has not sufficient information upon which to base a belief, is not a compliance with the statute, which requires it to be stated that one has not knowledge or information upon which to base a belief.”' Jones v. McPhee, 9 Colo. 486; Haney v. People, 12 Colo. 345; Grand Valley Irrigation Co. v. Lesher, 28 Colo. 273.
*286“Advantage…
2Cases cited4 opinions
- Grand Valley Irrigation Co. v. LesherSupreme Court of Colorado · 1901
- Haney v. PeopleSupreme Court of Colorado · 1888
- James v. McPheeSupreme Court of Colorado · 1886
- Ruth v. SmithSupreme Court of Colorado · 1901
3Cited by4 opinions
- Pengelly v. PeelerMontana Supreme Court · 1909
- Welles v. Colorado National Life Assurance Co.Supreme Court of Colorado · 1910
- Pegues v. PolsonSupreme Court of South Carolina · 1924
- Pegues v. PolsonSupreme Court of South Carolina · 1924