Warren v. Adams
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. ON REHEARING. In December, 1890, appellee Adams instituted an action against appellants for the purpose of establishing that certain land, the title to which had descended to them from John W. Iliff, deceased, was held by them in trust for his benefit. A trial of this action resulted in a judgment in favor of appellee, from which appellants appealed to this court, where the judgment' was affirmed.
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Appeal from the District Court of Arapahoe County. ON REHEARING. In December, 1890, appellee Adams instituted an action against appellants for the purpose of establishing that certain land, the title to which had descended to them from John W. Iliff, deceased, was held by them in trust for his benefit. A trial of this action resulted in a judgment in favor of appellee, from which appellants appealed to this court, where the judgment' was affirmed. Warren v. Adams, 19 Colo. 515. Thereafter, appellants brought an action, by a bill of review, by which it was sought to vacate the former judgment…
1Opinion of the CourtJustice Garbert
In the former opinion filed in the case, we held that the bill was sufficient as against the general demurrer, except on the question of the diligence exercised by appellants in en*406deavoring to secure the newly discovered evidence of facts at the former trial of Warren v. Adams, supra, upon which they now rely for a reversal of the decree rendered in that cause. On that point no opinion was expressed, as, in our judgment at that time, it was unnecessary to pass upon this question, hut upon petition for rehearing, it was made apparent that'it should be determined, and a rehearing was granted,…
2Cases cited3 opinions
- Adler v. Van Kirk Land & Construction Co.Supreme Court of Alabama · 1896
- Burnley v. Rice, Adams & Co.Texas Supreme Court · 1858
- Snider v. RinehartSupreme Court of Colorado · 1894
3Cited by1 opinion
- McLeod v. LloydOregon Supreme Court · 1904