Legal Opinion

Johnston v. Bennett

Colorado Court of Appeals

Decided April 15, 1895PublishedCited by 5 opinions

•Appeal from the District Court of Pueblo County. • Previous to July 15, 1891, Nettie Earhart was the owner of three lots in block 14 of Craigs addition to the city of Pueblo as originally surveyed and platted, the three lots fronted on 14th street; she had them resurveyed and divided into four lots, the fronts being on Conley street.

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•Appeal from the District Court of Pueblo County. • Previous to July 15, 1891, Nettie Earhart was the owner of three lots in block 14 of Craigs addition to the city of Pueblo as originally surveyed and platted, the three lots fronted on 14th street; she had them resurveyed and divided into four lots, the fronts being on Conley street. The north lot lying on 14th street and fronting on Conley street, she sold to Jacob S. Johnston, the next, adjoining it on the south, to Courts; the next to Joseph W. Johnston; and the fourth to Stewart; conveyances were made to each of the respective parties on…

1Opinion of the CourtReed, P. J.

The court was correct in finding that the lots were sold to and paid for by the four respective owners. It is established bjr evidence that the four parties contracted with appellant and Ferris, trustee, at the time of making the loans that they would each erect a house; that the loans by each of $2,000 were made individually, and separate notes and deeds of trust given; that out of the money so borrowed each paid $850 for his parcel of land.

The finding that the contract for the plumbing was made by Joseph W. Johnston, alone, with appellees, was also correct, but the further finding that…

2Cases cited6 opinions

  1. Dunphy v. RiddleIllinois Supreme Court · 1877
  2. McGraw v. BayardIllinois Supreme Court · 1880
  3. Clark v. ManningIllinois Supreme Court · 1880
  4. Crowl v. NagleIllinois Supreme Court · 1877
  5. Folsom v. CragenSupreme Court of Colorado · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Brannan Sand & Gravel Co. v. Santa Fe Land & Improvement Co.Supreme Court of Colorado · 1958
  2. San Juan Hardware Co. v. CarrothersColorado Court of Appeals · 1896
  3. Fleming v. Boulevard Highlands Improvement Co.Colorado Court of Appeals · 1898
  4. Fleming v. Boulevard Highlands Improvement Co.Colorado Court of Appeals · 1898
  5. San Juan Hardware Co. v. CarrothersColorado Court of Appeals · 1896

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