Wilcox v. John
Supreme Court of Colorado
Appeal from the District Court of Las Animas County. This is an action in the nature of an action of ejectment, brought by appellee, James M. John, as plaintiff, to recover from appellants, James Wilcox and William Moad, a quarter section of laud situate in Las Animas county. There is no dispute as to the facts, which are as follows: One James Hunt was the patentee of the land in question, and each of the parties to this suit deraign title through said Hunt.
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Appeal from the District Court of Las Animas County. This is an action in the nature of an action of ejectment, brought by appellee, James M. John, as plaintiff, to recover from appellants, James Wilcox and William Moad, a quarter section of laud situate in Las Animas county. There is no dispute as to the facts, which are as follows: One James Hunt was the patentee of the land in question, and each of the parties to this suit deraign title through said Hunt. On the 18th day of November, 1886, the title to the land then being in the United States, Hunt was residing upon the same, claiming…
1Opinion of the CourtChief Justice Hayt
Appellee claims title through two sources, viz.: 1st. A purchase made under the trust deed, of .the preemptor to McChesney, to secure the payment of a debt due from him to Hall. 2d. The judgment, levy and sale resulting from the suit of Pauly and George.
It is conceded that the title under the deed of trust is prior in point of time to that claimed by appellants, and it is also admitted that all the necessary steps, such as-recording, foreclosures, etc., under the trust deed were duly taken, the single question being as to the right of a preemptor to mortgage the land before making final proof…
2Cases cited6 opinions
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Brewster v. MaddenSupreme Court of Kansas · 1875
- Brake v. BallouSupreme Court of Kansas · 1877
- Jones v. TainterSupreme Court of Minnesota · 1870
- Norris v. HealdMontana Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Adam v. McClintockNorth Dakota Supreme Court · 1911
- Stark v. MorganSupreme Court of Kansas · 1906
- Hubbard v. MulliganColorado Court of Appeals · 1899
- Runyan v. SnyderSupreme Court of Colorado · 1909
- Lane v. GoodingSupreme Court of Colorado · 1917
5 more not listed; retrieve them via the Exa API.