New York Life Insurance v. Brown
Supreme Court of Colorado
Appeal from and Error to the County Court of Arapahoe County. The questions presented for review grow out of a proceeding instituted by the executor to sell real estate to pay debts against the estate of a testatrix.
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Appeal from and Error to the County Court of Arapahoe County. The questions presented for review grow out of a proceeding instituted by the executor to sell real estate to pay debts against the estate of a testatrix. The decree of the county court was adverse to the contention of parties made defendants who were neither heirs, devisees, nor creditors of the estate, hut claimed to be interested in the real estate described in the petition of the executor, and they brought the case here on appeal. The executor and heirs and devisees of the testatrix move to dismiss the appeal, and also claim…
1Opinion of the CourtChief Justice Gabbert
The executor, heirs and devisees of the testatrix move to dismiss the appeal, and also contend that the case cannot be considered on error for reasons based substantially upon the following grounds: (1) That the plaintiffs in error are not aggrieved by the decree from which they appeal; (2) that no question is involved, nor is the subject-matter of controversy or the judgment rendered such as to give this court jurisdiction on appeal; (3) that the questions which the plaintiffs in error sought to have adjudicated by their several answers and defenses were not within the jurisdiction of the…
2Cases cited11 opinions
- Hyland v. . BaxterNew York Court of Appeals · 1885
- Titterington v. HookerSupreme Court of Missouri · 1875
- Eddy v. TraverNew York Court of Chancery · 1837
- Pearce v. CalhounSupreme Court of Missouri · 1875
- Travelers Insurance v. ChildsSupreme Court of Colorado · 1898
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3Cited by9 opinions
- Sylvanus v. PruettNew Mexico Supreme Court · 1932
- Miller v. WestonColorado Court of Appeals · 1913
- Miller v. WestonColorado Court of Appeals · 1913
- Hospice of Metropolitan Denver v. BeckerditeColorado Court of Appeals · 1989
- Eckman v. PoorSupreme Court of Colorado · 1906
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