Brown v. Kennedy
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The plaintiff, John Kennedy, and one McMonagle were claimants of a certain stone quarry, which had been opened upon government land situated in the county of Larimer. They put the appellant, Andrew Brown, into possession, and procured him to file upon said land in the United States land office a pre-emption claim for their use and benefit.
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Appeal from District Court of Arapahoe County. The plaintiff, John Kennedy, and one McMonagle were claimants of a certain stone quarry, which had been opened upon government land situated in the county of Larimer. They put the appellant, Andrew Brown, into possession, and procured him to file upon said land in the United States land office a pre-emption claim for their use and benefit. They paid all expenses attending such filing, and were to furnish the money to pay for the land when entered, and the title was to come to them. Brown was their employee. This filing was done in December, 1880.…
1Opinion of the Court
De France, C.
The decree appealed from is substantially but a personal money judgment against the defendants for the sum of $1,360 and costs. No personal liability of the appellants, or either of them, to the plaintiff is disclosed by the pleadings or the evidence, and for this reason the decree, in so far as the same is a personal judgment against the appellants for the payment of money, is. erroneous.
*239The pre-emption law of the United States, under which Brown made his filing, prohibits the-entry of land by one person for the benefit of another, and the agreement to that effect between these…
Also in this document: Per curiam.
2Cases cited2 opinions
- Pueblo & Arkansas Valley Railroad v. TaylorSupreme Court of Colorado · 1881
- Hoyt v. MaconSupreme Court of Colorado · 1875
3Cited by6 opinions
- In re CohnDistrict Court, D. North Dakota · 1909
- Everett v. ToddSupreme Court of Colorado · 1894
- Thompson v. McCormickSupreme Court of Colorado · 1962
- Farncomb v. SternSupreme Court of Colorado · 1893
- Nash v. Farmers & Merchants BankCourt of Appeals of Kansas · 1896
1 more not listed; retrieve them via the Exa API.