Chilcott v. Hart
Supreme Court of Colorado
Appeal from the District Court of Duello County. The complaint in this action was filed in the district court of Pueblo county on March 30,1894. In substance it alleges that the three plaintiffs are the children and sole heirs at law of the late Senator George M. Chilcott, who died on the 6th day of March, 1891; that at the time of his death Senator Chilcott was seized in fee simple and possessed of large and valuable tracts of real estate, described with particularity in…
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Appeal from the District Court of Duello County. The complaint in this action was filed in the district court of Pueblo county on March 30,1894. In substance it alleges that the three plaintiffs are the children and sole heirs at law of the late Senator George M. Chilcott, who died on the 6th day of March, 1891; that at the time of his death Senator Chilcott was seized in fee simple and possessed of large and valuable tracts of real estate, described with particularity in the complaint; that the defendant Cornelius J. Hart, shortty after the death of said Chilcott, filed in the office of the…
1Opinion of the CourtJustice Campbell
The plaintiffs claim that this action is to quiet their title to real estate, and is maintainable under section 255 of the Code of Civil Procedure, of which the following is a copy :
“ An action may be brought by any person in possession, by himself or his tenant, of real property, against any person who claims an estate therein adverse to him, for the purpose of determining such adverse claim, estate or interest.”
The defendants, on the contrary, assert that, notwithstanding this claim of plaintiffs, the primary object of the action is to obtain a decree to annul and declare void the will of…
2Cases cited7 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Tilden v. . GreenNew York Court of Appeals · 1891
- Rhoads v. RhoadsIllinois Supreme Court · 1867
- Guest v. ReynoldsIllinois Supreme Court · 1873
- Waldo v. CummingsIllinois Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
- Becker v. ChesterWisconsin Supreme Court · 1902
- Hidden Lake Development Co. v. District CourtSupreme Court of Colorado · 1973
- Clayton v. HallettSupreme Court of Colorado · 1902
- Hignett v. ShermanSupreme Court of Colorado · 1924
15 more not listed; retrieve them via the Exa API.