Lovell v. Goss
Supreme Court of Colorado
Error to Denver District Court—Hon. Frank T. Johnson, Judge. This suit was instituted April 6, 1899, by the filing of plaintiff’s complaint alleging, in substance, that, on August 15, 1890, one De Sollar made and delivered to plaintiff four promissory notes for $4,-191.00 each, payable April 26, 1893, with interest at seven per cent, per annum, payable semi-annually, and, to secure their payment, executed and delivered to plaintiff a deed of trust bearing the same date,…
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Error to Denver District Court—Hon. Frank T. Johnson, Judge. This suit was instituted April 6, 1899, by the filing of plaintiff’s complaint alleging, in substance, that, on August 15, 1890, one De Sollar made and delivered to plaintiff four promissory notes for $4,-191.00 each, payable April 26, 1893, with interest at seven per cent, per annum, payable semi-annually, and, to secure their payment, executed and delivered to plaintiff a deed of trust bearing the same date, wherein he conveyed to Thomas J. .Anders, as trustee with successors, certain property in the then county of Arapahoe, being…
1Opinion of the CourtJustice Hill
In this action, the plaintiff in error has assigned for our consideration two principal errors, which he claims were committed by the lower court in the trial of this cause, the first being that the court erred in holding that defendants in- error were not liable upon the assumption clause contained in the deed, conveying the property to them, wherein it is stated they “assume and agree to pay” a certain portion of the indebtedness secured by the deed of trust; the second being that the court erred in holding that said action was barred by the statute of limitations.
No written opinion of the…
2Cases cited11 opinions
- San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Belloc v. DavisCalifornia Supreme Court · 1869
- Lowenstein v. PhelanNebraska Supreme Court · 1885
- Watts v. CreightonSupreme Court of Iowa · 1892
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- Application of ChurchColorado Court of Appeals · 1992
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