Bohm v. Bohm
Supreme Court of Colorado
Appeal from Superior Court of the City of Denver. The plaintiff below, Mary Bohm, filed a complaint against the defendant, Magdalena Bohm, alleging the ownership and possession of plaintiff to twelve blocks of lots in Bohm’s subdivision of the city of Denver. That she claimed title in fee thereto, but that said defendant claimed an estate or interest therein adverse to the title of the plaintiff.
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Appeal from Superior Court of the City of Denver. The plaintiff below, Mary Bohm, filed a complaint against the defendant, Magdalena Bohm, alleging the ownership and possession of plaintiff to twelve blocks of lots in Bohm’s subdivision of the city of Denver. That she claimed title in fee thereto, but that said defendant claimed an estate or interest therein adverse to the title of the plaintiff. The complaint denies the validity.of defendant’s claim upon said premises, prays that she be required to set forth the nature/of her claim, that plaintiff’s title be adjudged valid, and that…
1Opinion of the CourtBeck, C. J.
The questions presented by the demurrer to. the cross-complaint are: 1. Do the averments of the cross-complaint bring the defendant’s case within the twelfth section of the statute of limitations? 2. Do the facts and circumstances set forth in the cross-complaint constitute a cause of action ■— that is, do they take the case out of the statute of frauds, so as to permit parol proof of the verbal agreement alleged to have been entered into by and between Charles Bohm and his mother, Magdalena Bohm, at the time of the execution of the deed to the said Charles Bohm?
The first ground of demurrer…
2Cases cited5 opinions
- Highberger v. StifflerCourt of Appeals of Maryland · 1864
- Troll v. CarterWest Virginia Supreme Court · 1879
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Pipe v. SmithSupreme Court of Colorado · 1879
- Nelson v. WorrallSupreme Court of Iowa · 1866
3Cited by31 opinions
- Page v. ClarkSupreme Court of Colorado · 1979
- Oldland v. GrayCourt of Appeals for the Tenth Circuit · 1950
- Perot v. CooperSupreme Court of Colorado · 1891
- Westphal v. HeckmanIndiana Supreme Court · 1916
- Von Trotha v. BambergerSupreme Court of Colorado · 1890
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