Barnett v. Knight
Supreme Court of Colorado
Error to' County Court of Arapahoe County. On May 4, A. D. 1881, Elizabeth J. Knight and Rebecca Moseby filed their complaint in Arapahoe county court, against William Barnett and Michael Spangler, averring “.That July 29, 1874, Rachael A. Carr, mother of plaintiffs, became the owner in fee of lots 29, 30, block 46, etc., by purchase from one Failing, who conveyed the same to her by deed, duly recorded, etc., and continued so until the same was sold by her to plaintiffs.
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Error to' County Court of Arapahoe County. On May 4, A. D. 1881, Elizabeth J. Knight and Rebecca Moseby filed their complaint in Arapahoe county court, against William Barnett and Michael Spangler, averring “.That July 29, 1874, Rachael A. Carr, mother of plaintiffs, became the owner in fee of lots 29, 30, block 46, etc., by purchase from one Failing, who conveyed the same to her by deed, duly recorded, etc., and continued so until the same was sold by her to plaintiffs. During all this time the same was incumbered by a trust deed, to secure money borrowed by said Oarr of one Hitchings; and…
1Opinion of the CourtHelm, J.
The important assignment of error in this case is: “ That the complaint doth not set forth facts sufficient to constitute a cause of action.”
There is nothing in the record before us upon which we can predicate the conclusion that the conveyance from Mrs. - Garr to defendants in error is void as to plaintiff in error, on the ground of intentional fraud. The uncontradicted'averments of the complaint are our only source of information upon this subject; there is nothing in these from which we can justly draw the inference that she made the sale with intent to hinder, delay or defraud her…
2Cited by38 opinions
- Rutter v. ShumwaySupreme Court of Colorado · 1891
- Weare v. JohnsonSupreme Court of Colorado · 1894
- Matter of Estate of DodgeColorado Court of Appeals · 1984
- McPhee v. O'RourkeSupreme Court of Colorado · 1887
- In Re HermansenUnited States Bankruptcy Court, D. Colorado · 1988
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