Hodgson v. Fowler
Supreme Court of Colorado
Appeal from the Court of Appeals. This is aa action to compel the conveyance of a one-fourth interest in ninety-two lots situate in Cottage Hill Land Company’s Addition to Cottage Hill, Denver; and for an account, ing.
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Appeal from the Court of Appeals. This is aa action to compel the conveyance of a one-fourth interest in ninety-two lots situate in Cottage Hill Land Company’s Addition to Cottage Hill, Denver; and for an account, ing. The complaint in substance avers that Hodgson, the appellant and plaintiff below, and Fowler, appellee and defendant below, were, on and before March 11, 1876, the owners of, and engaged in working, an undivided one-half interest in the carbon coal mine, in Jefferson county, Colorado; that one Eaton was the owner of the other half. That on that date they exchanged one-half…
1Opinion of the CourtJustice Goddard
As well said by the learned writer of the opinion of the court of appeals, in order to sustain this action, it was incumbent upon plaintiff to establish a partnership between himself and defendant in leasing and worMng the Carbon coal mine as early as 1876 ; as tills is essential to show that defendant had an interest in the lots in controversy prior to Ms purchase at the trustee’s sale; and that the legal title .thereto conveyed to plamtiff was held in trust by him, to the extent of such interest. In other words, that the interest in the lots was purchased with partnership property and was…
2Cases cited1 opinion
- Meagher v. ReedSupreme Court of Colorado · 1890
3Cited by8 opinions
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Oswald v. DawnSupreme Court of Colorado · 1960
- Chamness v. CollopySupreme Court of Oklahoma · 1923
- Lamont v. ReynoldsColorado Court of Appeals · 1914
- Wise v. Nu-Tone Products Co.Supreme Court of Colorado · 1961
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