Drake v. Root
Supreme Court of Colorado
Error to District Court, Gil/pin County. Mawsel H. Root brought ejectment against Lester and Eugene Drake, to recover possession of a certain lot of ground, of about two acres, together with a dwelling-house and stable. In the first count, the plaintiff claimed title in fee ; in the second count, he set up title as follows : “And said plaintiff avers that he claims title to said premises in this count mentioned by purchase from Lester Drake.”
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Error to District Court, Gil/pin County. Mawsel H. Root brought ejectment against Lester and Eugene Drake, to recover possession of a certain lot of ground, of about two acres, together with a dwelling-house and stable. In the first count, the plaintiff claimed title in fee ; in the second count, he set up title as follows : “And said plaintiff avers that he claims title to said premises in this count mentioned by purchase from Lester Drake.” In the third count, he set up title as follows: “And the said plaintiff avers that he claims title to the premises in the count mentioned by purchase,…
1Opinion of the Court
Hallett, O. J.
The act which exempts homesteads from execution and sale, under process of law (R. S. 385), contains no provision as to selling of conveying, such property, except by way of mortgage. By the sixth section it appears that a wife must join in a mortgage of the homestead, but nothing is said as to any other conveyance, and, therefore, all others must be governed by the general law regulating conveyances of real estate. It will not be contended that by living upon a tract of land the owner will lose the right to alienate it, and as to the wife, under the general law (R. S. 259), she…
2Cases cited4 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Vanzant v. VanzantIllinois Supreme Court · 1860
- Chiniquy v. Catholic Bishop of ChicagoIllinois Supreme Court · 1866
- Hadlock v. HadlockIllinois Supreme Court · 1859
3Cited by17 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- In re YoungstromCourt of Appeals for the Eighth Circuit · 1907
- Maloy Et Ux. v. Wm. Cameron Co.Supreme Court of Oklahoma · 1911
- Dallemand v. MannonColorado Court of Appeals · 1894
- Wright v. WhittickSupreme Court of Colorado · 1892
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