McMurtrie v. Riddell
Supreme Court of Colorado
Error to District Court -of San Juan County. This was an action brought by Riddell against McMurtrie, to remove a cloud from the title held by plaintiff to certain lots in the town of Silverton, in San Juan county. Riddell claims to have acquired title, through a judicial sale, against one Wightman, their former owner.
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Error to District Court -of San Juan County. This was an action brought by Riddell against McMurtrie, to remove a cloud from the title held by plaintiff to certain lots in the town of Silverton, in San Juan county. Riddell claims to have acquired title, through a judicial sale, against one Wightman, their former owner. It was admitted on the trial of the present' action that the plaintiff recovered a judgment against said Wightman in the district court of San Juan county for the sum of $500, and costs of suit, September 27, 1880; that execution issued, and was levied on said lots as the…
1Opinion of the CourtBeck, C. J.
The main point in controversy is whether or not the facts of this case entitle the plaintiff below, Riddell, to the protection afforded by our statute to a bona fide purchaser of real estate at a sheriff’s sale on execution. There is no controversy about the facts. Those not set out in the pleadings were agreed upon before the court below, and are preserved in the bill of exceptions. The question is, was the plaintiff a bona fide purchaser of the lots in controversy, within the spirit and meaning of that term as employed in section 215, p. ITS, Gen. St.? This section provides that “all deeds,…
2Cases cited5 opinions
- Carroll v. SaffordSupreme Court of the United States · 1845
- Landes v. BrantSupreme Court of the United States · 1851
- Knox v. McFarranSupreme Court of Colorado · 1879
- McFarran v. KnoxSupreme Court of Colorado · 1880
- Jackson ex dem. Gorman v. HookerNew York Supreme Court · 1824
3Cited by33 opinions
- City of Lakewood v. MavromatisSupreme Court of Colorado · 1991
- Hallett v. AlexanderSupreme Court of Colorado · 1911
- Duff v. RandallCalifornia Supreme Court · 1897
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Jerome v. Carbonate National BankSupreme Court of Colorado · 1895
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