Legal Opinion

Barnett v. Jaynes

Supreme Court of Colorado

Decided April 15, 1899No. 3822PublishedCited by 22 opinions

Appeal from the District Court of Mesa County. This is an action to quiet title to the south 1/2 of the southwest 1/4, and the southwest 1/4 of the southeast 1/4 of section 17; and also the northwest 1/4 of the northeast 1/4 of section 20, township 1 north of Range 1 W., situate in Mesa county, Colorado. Appellant, Levi A. Barnett, plaintiff below, claims to be the owner in fee simple, and in possession of the land.

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Appeal from the District Court of Mesa County. This is an action to quiet title to the south 1/2 of the southwest 1/4, and the southwest 1/4 of the southeast 1/4 of section 17; and also the northwest 1/4 of the northeast 1/4 of section 20, township 1 north of Range 1 W., situate in Mesa county, Colorado. Appellant, Levi A. Barnett, plaintiff below, claims to be the owner in fee simple, and in possession of the land. The defendants Jaynes and Gallaher claim title thereto through a tax deed. Appellant, in his replication, challenges the validity of the tax deed upon the following grounds:…

1Opinion of the CourtJustice Goddard

It appears that in 1890 the land in question was owned by Martha I. Barnett; that she conveyed the same on February 9,1891, to Edward Thomas, who re-conveyed to her on May 7, 1892. On January 1, 1895, she and her husband, E. S. Barnett, conveyed the same by warranty deed to Levi A. Barnett, the appellant. The land was sold for the nonpayment of the taxes for the year 1890, which amounted to $20.48. In pursuance of such sale, on January 13,1895, the treasurer of Mesa county executed and delivered to Harrington Emerson a tax deed for several tracts of land, including the one in controversy.…

2Cases cited1 opinion

  1. Waddingham v. DicksonSupreme Court of Colorado · 1892

3Cited by22 opinions

  1. First National Bank of Greeley v. Board of County CommissionersSupreme Court of the United States · 1924
  2. Carnahan v. Sieber Cattle Co.Supreme Court of Colorado · 1905
  3. In Re Ingersoll Co.Court of Appeals for the Tenth Circuit · 1945
  4. Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1912
  5. Empire Ranch & Cattle Co. v. NeikirkColorado Court of Appeals · 1912

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