Coler v. Barth
Supreme Court of Colorado
Appeal from the District Court of Las Animas County. This is an. action by William Barth to set aside a trustee’s sale to W. N. Coler, Jr., made by Walter O’Malley, as trustee, and to cancel the trustee’s deed, upon the grounds that the deed was fraudulently procured and executed, that there was no authority for the sale, and that the conveyance was not made to the highest bidder.
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Appeal from the District Court of Las Animas County. This is an. action by William Barth to set aside a trustee’s sale to W. N. Coler, Jr., made by Walter O’Malley, as trustee, and to cancel the trustee’s deed, upon the grounds that the deed was fraudulently procured and executed, that there was no authority for the sale, and that the conveyance was not made to the highest bidder. The following are the material facts: Dr. Thomas F. Martin was the owner of certain lands in Huerfano county, Colorado, upon a portion of which were a body of water called Lake Miriam and a reservoir used in…
1Opinion of the CourtJustice Campbell
This controversy is best presented by a consideration of the three propositions relied upon by the plaintiff in the trial court. They are as follows: first, there was collusion between the grantee Coler, through his agents, and the trustee, to get title to the property in fraud of the plaintiff’s equities; second, after there was tendered to the trustee, as paid and canceled, the note that was secured by the trust deed which was being foreclosed, all subsequent proceedings were absolutely void, and the conveyance by the trustee nugatory; third, the property was not conveyed to the highest and…
2Cases cited4 opinions
- Coffing v. TaylorIllinois Supreme Court · 1855
- Barth v. DeuelSupreme Court of Colorado · 1888
- Redmond v. PackenhamIllinois Supreme Court · 1872
- Gray v. VeirsCourt of Appeals of Maryland · 1870
3Cited by10 opinions
- McGovney v. GwillimColorado Court of Appeals · 1901
- Foot v. BurrSupreme Court of Colorado · 1907
- Jones v. SturgisSupreme Court of Colorado · 1948
- Ott v. EdwardsSupreme Court of Colorado · 1966
- Wellman v. Travelers Insurance Co.Colorado Court of Appeals · 1984
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