Holladay v. Dailey
Supreme Court of Colorado
Error to District Court, Arapahoe County. The action was ejectment, and the cause was heard upon an agreed statement of facts, as follows: 1st. That the lots mentioned in the declaration in this suit are within, and a part of, the land entered by James Hall, probate judge, etc., under an act'of congress, entitled “An act for the relief of the citizens of Denver, in the territory of Colorado,” approved May 28, 1864. 2d.
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Error to District Court, Arapahoe County. The action was ejectment, and the cause was heard upon an agreed statement of facts, as follows: 1st. That the lots mentioned in the declaration in this suit are within, and a part of, the land entered by James Hall, probate judge, etc., under an act'of congress, entitled “An act for the relief of the citizens of Denver, in the territory of Colorado,” approved May 28, 1864. 2d. That said land so entered was duly patented by the United States to the said James Hall, probate judge, etc., by letters patent, bearing date July 1, A. D. 1868. 3d. That, on…
1Opinion of the CourtWells, J.
I will consider first the question, whether the letter of attorney under which Hughes acted, or assumed to act, on the conveyance to Whitsitt, imposed as one of the conditions to the exercise of his authority, that the conveyances made in pursuance thereof should be in the names of Holladay and his wife.
This is purely a question of interpretation, and the intent of the instrument is to be derived solely from the words used therein, read in the light which the situation of the parties, so far as this appears, affords.
It is perfectly clear, as we think, that, if the attorney had united Mrs.…
2Cited by10 opinions
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- Rogers v. PeopleSupreme Court of Colorado · 1966
- White Cap Mining Co. v. Resurrection Mining Co.Supreme Court of Colorado · 1946
- American National Bank v. SilverthornSupreme Court of Colorado · 1930
- Friend v. StancatoSupreme Court of Colorado · 1959
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