Tierney v. Whiting
Supreme Court of Colorado
Error to District Court, Gilpin County. Wi. A. Whiting and Joel P. Whitney alleged in their declaration that John Tierney,, on the 22d day of April, 1866, executed to them his certain deed by which he conveyed to them a building lot in Central City, and covenanted that he would warrant and forever defend the title to the same to the said Whiting and Whitney, and their heirs and assigns forever, against the claims of all persons except the government of the United States;…
Read the full summary
Error to District Court, Gilpin County. Wi. A. Whiting and Joel P. Whitney alleged in their declaration that John Tierney,, on the 22d day of April, 1866, executed to them his certain deed by which he conveyed to them a building lot in Central City, and covenanted that he would warrant and forever defend the title to the same to the said Whiting and Whitney, and their heirs and assigns forever, against the claims of all persons except the government of the United States; that they took possession of the lot conveyed, and were afterward evicted by Lucinda M. Dougherty, widow of Michael…
1Opinion of the CourtHallett, C. J.
This action was upon a covenant of warranty in a deed made by plaintiff in error, to ¥m. A. Whiting and Joel P. Whitney, plaintiffs, in the court below. At the time the deed was made, the premises were in possession of one Goodfellow, a tenant, who subsequently attorned to the grantees in the deed. This tenant admitted Mrs. Dougherty to the possession of the premises, and she held them at the time this suit was brought, as the widow of Michael J. Dougherty from whom Tierney also derived title under a sale made by an administrator. Whether the entry thus made by permission of the tenant, Good…
2Cited by6 opinions
- Bernklau v. StevensSupreme Court of Colorado · 1962
- Seyfried v. KnoblauchSupreme Court of Colorado · 1908
- Ernst v. St. ClairSupreme Court of Colorado · 1922
- Stone v. RozichSupreme Court of Colorado · 1931
- Upton v. GriffittsColorado Court of Appeals · 1992
1 more not listed; retrieve them via the Exa API.