Alden v. Karrick
Supreme Court of Colorado
Error to District Court of Pueblo County. On August 15, 1883, the plaintiff in error, by his deed, conveyed to the defendant in error, Karrick, an interest in certain mining claims in Gunnison county. The deed contained the following provision: “Subject to all the incumbrances against said property, as evidenced by the trust deeds thereon, which indebtedness the party of the second part hereby assumes and agrees to pay.
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Error to District Court of Pueblo County. On August 15, 1883, the plaintiff in error, by his deed, conveyed to the defendant in error, Karrick, an interest in certain mining claims in Gunnison county. The deed contained the following provision: “Subject to all the incumbrances against said property, as evidenced by the trust deeds thereon, which indebtedness the party of the second part hereby assumes and agrees to pay. Also subject to the terms, conditions and agreements contained in a certain contract this day entered into between the parties hereto.” The said agreement referred to was in…
1Opinion of the Court
Stallcup, C.
It is apparent, from the terms of the contract, that Karrick was vested with ownership in and dominion over the interest conveyed to him by Alden, and that he was accordingly to keep and work or sell the same, to the end to reimburse himself for the debts by him assumed and paid, and to realize such further sums as he might thereby; with the proviso that out of such further sums so realized the same should go to the liquidation of the said $25,000. In the event of a sale the working of the mines by him would necessarily cease, but until a sale he was required to work the mines to…
Also in this document: Per curiam.
2Cases cited1 opinion
- Toombs v. Consolidated Poe Mining Co.Nevada Supreme Court · 1880