George v. Tufts
Supreme Court of Colorado
Error to District Court of Arapahoe Cov/nty. Tujfts, the defendant in error, brought an action in replevin against George, in September, 1875. The declaration was in the cepit and detinet. Pleas non aepit and property in defendant.
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Error to District Court of Arapahoe Cov/nty. Tujfts, the defendant in error, brought an action in replevin against George, in September, 1875. The declaration was in the cepit and detinet. Pleas non aepit and property in defendant. Issue was joined and the cause submitted to be tried by the court without a jury, on an agreed statement of facts filed, which was as follows: It is stipulated between tbe respective parties hereto, that the facts of their case are as follows, and that.this suit be tried by the court without a jury upon such statement, that is to say: First. At the time of the…
1Opinion of the Court
Elbert, O. J.
Where a cause is heard on an agreed state of facts, no exception to the judgment is necessary. Clayton v. Smith, 1 Col. 95.
The agreement of Tufts with Berbower and Walther, that the title to the property sold and delivered to .them should remain in Tufts until payment of the purchase-money, was void as to creditors. Tufts, if desirous of preserving a lien on the property sold, should have complied with the provisions of the Chattel Mortgage Act then in force. H. S. 102.
Secret liens, which treat the vendor of personal property who has delivered possession of it to the purchaser as…
2Cited by18 opinions
- Burroughs Adding MacH. Co. v. BogdonCourt of Appeals for the Eighth Circuit · 1925
- Turnbull v. ColeSupreme Court of Colorado · 1921
- Illinois Building Co. v. PattersonSupreme Court of Colorado · 1932
- Jones v. ClarkSupreme Court of Colorado · 1894
- Coors v. ReaganSupreme Court of Colorado · 1908
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