Shannon v. Timm
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. On the 4th day of January, 1883, John Bumann was the owner in fee of lots 14, 15 and 16, in block 5, in Case & Ebert’s addition to the city of Denver, situate at the northwesterly corner of Blake and 28th streets. Each of these lots is 25 feet in width by 125 feet in depth, fronting on Blake street, lot 16 being at the corner of the block, 15 next adjacent thereto, and lot 14 next to that.
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Appeal from the District Court of Arapahoe County. On the 4th day of January, 1883, John Bumann was the owner in fee of lots 14, 15 and 16, in block 5, in Case & Ebert’s addition to the city of Denver, situate at the northwesterly corner of Blake and 28th streets. Each of these lots is 25 feet in width by 125 feet in depth, fronting on Blake street, lot 16 being at the corner of the block, 15 next adjacent thereto, and lot 14 next to that. Being then the owner, Bumann conveyed by warranty deed to Mary Timm, the plaintiff in this case, 100 feet off the front end of lot 14; and in the deed of…
1Opinion of the CourtJustice Campbell
This controversy may best be presented by considering the defenses interposed by the defendant, which are, first, that the words contained in the deed from Bumann to the plaintiff in relation to the right of way do not amount to a grant in prcesenti, but at most are only a covenant to execute *171a deed for the right of way at some future time, and that for this reason the plaintiff’s only remedy is by an action at law against her grantor for damages for failing to execute his agreement; second, if this is not true, that the appellee is estopped by reason of silently standing by at the trustee’s…
2Cases cited5 opinions
- Smith v. WornCalifornia Supreme Court · 1892
- Patterson v. HitchcockSupreme Court of Colorado · 1877
- Griffith v. WrightSupreme Court of Colorado · 1882
- Stetson v. CurtisMassachusetts Supreme Judicial Court · 1876
- Williamston Tarboro R. R. v. . William S. BattleSupreme Court of North Carolina · 1872
3Cited by5 opinions
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- Walker v. DwelleSupreme Court of Iowa · 1920
- Kindsfater v. MechalkeColorado Court of Appeals · 1970