Bennett v. Morrison

Mr. Justice Denison,

sitting for Mr. Justice Campbell, delivered the opinion of the court.

Plaintiff in error was defeated in a suit to quiet title to lots 22 and 23, block 34, Evanston Second Filing, in Denver. The court found that she had not maintained her title by her proofs, and that defendants had shown title, and gave them judgment accordingly. The court, however, specially found that defendants had not maintained their third defense which alleged fraud by plaintiff in obtaining possession and that her tenant was really their tenant. The parties claim under one Hipp, a common grantor,…