Beulah Marble Co. v. Mattice
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. The appellee Benjamin Mattice, plaintiff below, as the assignee of the rights of Charles E. Collins, brought this action to establish a trust in real estate, and for a decree, based thereon, awarding him the interest claimed, and also for an accounting, and for general relief.
Read the full summary
Appeal from the District Court of Pueblo County. The appellee Benjamin Mattice, plaintiff below, as the assignee of the rights of Charles E. Collins, brought this action to establish a trust in real estate, and for a decree, based thereon, awarding him the interest claimed, and also for an accounting, and for general relief. The pleadings are long and the evidence voluminous, but an intelligent understand ing of the case and the legal questions involved may be had by a condensed statement of the complaint and the testimony. It is alleged in the complaint that in the year 1892 a partnership…
1Opinion of the CourtJustice Campbell
The plaintiff relies upon the proposition that Collins, at the time Kelley got the option of Draper (November 28th), had au equity in the subject-matter of this controversy. If such equity existed, a recovery may be had ; otherwise not. From a reading of the complaint it would seem that such equity is claimed, first, as arising by operation of law out of the relations created by the contract of November 9th between the Kelley brothers and Collins and Betts, together *553with the'so-called option contract of November 7th given by Draper to Betts; and, second, as the result of an express agreement…
2Cases cited9 opinions
- Dunphy v. RyanSupreme Court of the United States · 1886
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Frue v. HoughtonSupreme Court of Colorado · 1882
- Meagher v. ReedSupreme Court of Colorado · 1890
- Gordon v. DarnellSupreme Court of Colorado · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Neelley v. FarrSupreme Court of Colorado · 1916
- Denver & Rio Grande Railroad v. PetersonSupreme Court of Colorado · 1902
- Rhode v. SteinmetzSupreme Court of Colorado · 1898
- Baird v. BairdSupreme Court of Colorado · 1910
- Davis v. RiddleColorado Court of Appeals · 1913
10 more not listed; retrieve them via the Exa API.