Burchinell v. Butters
Colorado Court of Appeals
Error to the District Court of Arapahoe County. This was an action of replevin brought by the defendant in error against the plaintiff for the recovery of chattels (household furniture, a piano, etc.) taken by the plaintiff in error, as sheriff, by writ of attachment, in a suit against Sara L. Butters and Henry A. Butters, defendant in error (plaintiff), claiming to be the owner of the chattels.
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Error to the District Court of Arapahoe County. This was an action of replevin brought by the defendant in error against the plaintiff for the recovery of chattels (household furniture, a piano, etc.) taken by the plaintiff in error, as sheriff, by writ of attachment, in a suit against Sara L. Butters and Henry A. Butters, defendant in error (plaintiff), claiming to be the owner of the chattels. Henry A. Butters and Sara L. Butters were husband and wife, and, while that relation existed, bought a house. The title was made to the wife, and husband and wife jointly executed notes for the…
1Opinion of the CourtReed, P. J.
Many errors are assigned, several of which it will not be necessary to discuss.
Upon the trial defendant asked leave to amend his answer of general denial, after the plaintiff had offered the evidence in regard to title by gift from the husband, claiming surprise; tendered a verified amendment alleging, among others, the fact that at the time of the alleged gift and pretended transfer of the property, and for some time before, C. H. McLaughlin was a bona fide creditor of the husband, H. A. Butters, and that he was insolvent at the time of the alleged gift. The amendment was denied. Upon the…
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