Legal Opinion

Empire Ranch & Cattle Co. v. Howell

Colorado Court of Appeals

Decided June 10, 1912No. 3406PublishedCited by 7 opinions

Appeal from Washington District Court. Hon. H. P. Burke, Judge.

1Opinion of the Court

Cunningham, Judge.

1. Appellee, as plaintiff below, brought his fiction in ejectment. The answer was a general denial. Six months thereafter the defendant company filed what is denominated. a supplemental answer, wherein it sets up as a defense the payment of the taxes on the land in question for the year 1907, and on this new fact thus plead defendant attempts to invoke the seven-year statute of limitations. The payment of the taxes plead in the supplemental answer having been made after plaintiff filed his complaint, cannot avail the defendant as a defense, and we need not further consider…

2Cases cited2 opinions

  1. Empire Ranch & Cattle Co. v. ColdrenSupreme Court of Colorado · 1911
  2. Carico v. KlingColorado Court of Appeals · 1898

3Cited by7 opinions

  1. Atwood v. TuckerNorth Dakota Supreme Court · 1914
  2. Empire Ranch & Cattle Co. v. SmithColorado Court of Appeals · 1912
  3. Page v. GillettColorado Court of Appeals · 1914
  4. Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1913
  5. Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1913

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