Finch v. Turner
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This action was instituted by the appellant (plaintiff below) for the purpose of removing a cloud upon his title to an undivided three eighths interest in the “Wallace lode,” situate in Clear Creek county, Colorado, and to compel a conveyance thereof by the defendants to-the plaintiff! Trial was had upon an agreed statement of facts, — which are stated in this opinion in so far as they are pertinent, — and the court…
Read the full summary
Appeal from the District Court of Arapahoe County. This action was instituted by the appellant (plaintiff below) for the purpose of removing a cloud upon his title to an undivided three eighths interest in the “Wallace lode,” situate in Clear Creek county, Colorado, and to compel a conveyance thereof by the defendants to-the plaintiff! Trial was had upon an agreed statement of facts, — which are stated in this opinion in so far as they are pertinent, — and the court dismissed the complaint, from which judgment the plaintiff prosecutes this appeal. It is conceded that on March 16, 1883, the…
1Opinion of the CourtJustice Campbell
It will be conceded, of course, that although the certificate of sale and the sheriff’s deed included all of the Wallace-lode, the grantee of the deed acquired only such interest as- Sanderson owned therein. But whatever irregularity there-may-have been in including in the execution and in- the certificate of sale and the sheriff’s deed the entire- lode*, this will, not -invalidate the deed, or the grantee’s title- thereunder, as to the interest which the judgment debtor actually owned.
As we have seen, the decree in the Teal- case- established a lien upon the property, and awarded a…
2Cases cited2 opinions
- Cannon & Dounce v. WilliamsSupreme Court of Colorado · 1890
- St. Kevin Mining Co. v. IsaacsSupreme Court of Colorado · 1893
3Cited by10 opinions
- Hayutin v. GibbonsSupreme Court of Colorado · 1959
- Roose v. GoveSupreme Court of Colorado · 1904
- Paddack v. StaleyColorado Court of Appeals · 1899
- Lowrey v. SvardColorado Court of Appeals · 1896
- Jenkins v. Gold Dollar Mining & Milling Co.Colorado Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.