Homestead Mining Co. v. Reynolds
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action to have canceled as fraudulent certain deeds of real property and to have title thereto adjudged to be in plaintiff. On the’ 19th of June, 1890,’' David K. "Wall and John T. Pursel owed the plaintiff, Martin Reynolds, certain sums of money, evidenced by promissory notes.
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Appeal from the District Court of Arapahoe County. Action to have canceled as fraudulent certain deeds of real property and to have title thereto adjudged to be in plaintiff. On the’ 19th of June, 1890,’' David K. "Wall and John T. Pursel owed the plaintiff, Martin Reynolds, certain sums of money, evidenced by promissory notes. Failing to pay the same, judgment was recovered by Reynolds against them in the district court of Arapahoe county, upon which an execution, directed to the sheriff of Gilpin county, was issued and levied upon certain mining claims in Gilpin county as the property of…
1Opinion of the Court
Chief Justice Campbell,
after the foregoing (statement, delivered the opinion of the court.
1. Appellant contends that the judgment debtors were indispensable parties to this action, and cites Pomeroy on Remedies and Remedial Rights, § 347; Allen v. Tritch, 5 Colo., 222; McPhee et al. v. O’Rourke, 10 Colo., 301; Deerfield v. Nims, 110 Mass., 115; Gaylords v. Kelshaw, 1 Wall. 81; Swan Land Co. v. Frank, 148 U, S., 603; Lyman v. Bonney, 101 Mass., 562,
*333The general rule under our code is that a defendant must take advantage of a defect of parties by demurrer or answer, which was not done below; and…
2Cases cited13 opinions
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Allen v. TritchSupreme Court of Colorado · 1880
- Gaylords v. KelshawSupreme Court of the United States · 1864
- Mulock v. WilsonSupreme Court of Colorado · 1893
- Lawson v. Alabama Warehouse Co.Supreme Court of Alabama · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- West Texas Refining & D. Co. v. Commissioner of Int. Rev.Court of Appeals for the Tenth Circuit · 1933
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- Denison v. JeromeSupreme Court of Colorado · 1908
- Mohler v. Buena Vista Bank & Trust Co.Colorado Court of Appeals · 1978
- Ozan Lumber Co. v. Davis Sewing Mach. Co.District Court, D. Delaware · 1922
16 more not listed; retrieve them via the Exa API.