Gregory v. Filbeck
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Phillip Filbeck, being the owner on the 8th day of March, 1883, of certain premises situated in the city of Denver, conveyed the same on said day by deed of trust to Vincent D. Markham, as trustee, to secure the payment of a certain note made by said Filbeck to Jacob Gregory, the appellant herein, for the sum of $5,000, with interest thereon at twenty per cent, per annum, due and payable every three months.
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Appeal from District Court of Arapahoe County. Phillip Filbeck, being the owner on the 8th day of March, 1883, of certain premises situated in the city of Denver, conveyed the same on said day by deed of trust to Vincent D. Markham, as trustee, to secure the payment of a certain note made by said Filbeck to Jacob Gregory, the appellant herein, for the sum of $5,000, with interest thereon at twenty per cent, per annum, due and payable every three months. On the 21st day of June, 1883, said Filbeck conveyed said premises to said Gregory by warranty deed, and said deed of trust was released. On…
1Opinion of the Court
Rising, C.
Counsel for appellant base their contention for a reversal of the judgment upon two propositions: First, that the plaintiff cannot invoke the statute of frauds in her aid, for the reason that she was not a creditor of said Filbeck, nor such other person as is provided for by the statute, at the time the conveyance to Gregory was made; second, that there is no evidence that Gregory had any knowledge or notice of the fraudulent intent of Phillip Filbeck in making such conveyance.
*382In support of the first proposition it is urged that when the conveyance was made to Gregory the plaintiff…
Also in this document: Per curiam.
2Cases cited1 opinion
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by19 opinions
- Goff v. GoffWest Virginia Supreme Court · 1906
- Thuringer v. TraftonSupreme Court of Colorado · 1914
- Mulock v. WilsonSupreme Court of Colorado · 1893
- Masterson v. OgdenWashington Supreme Court · 1914
- Fahey v. FaheySupreme Court of Colorado · 1908
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