Roberts v. Johnson
Colorado Court of Appeals
Appeal from the District Court of Eagle County. This case was tried to the district court on a stipulation .which admitted the facts to be as stated, to wit: “First — It is hereby agreed and stipulated by and between the parties hereto that the following are the facts material to the issues herein: “ First — On or about September 8,1887, The South Park Land and Cattle Company, a Colorado corporation, filed for record in the office of the county clerk of Fremont county, at…
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Appeal from the District Court of Eagle County. This case was tried to the district court on a stipulation .which admitted the facts to be as stated, to wit: “First — It is hereby agreed and stipulated by and between the parties hereto that the following are the facts material to the issues herein: “ First — On or about September 8,1887, The South Park Land and Cattle Company, a Colorado corporation, filed for record in the office of the county clerk of Fremont county, at Canon City, in said county and state aforesaid, a certain instrument in writing (copy of which is hereto annexed, but the…
1Opinion of the CourtBissell, P. J.
When a party who has never been in possession of personal property brings replevin, he must undoubtedly show some kind of a title, resulting from a general or special property in it, which gives him the right of possession as against the person who holds it. Recognizing the force of this principle, Harding attempted to show his right by proof of .the trust deed, the sale under it, and his purchase. There was a claim that what he did at the ranch in Park county when he went to demand the property gave him control of the cattle in Eagle which were taken by the sheriff under *411his attachment, and…
2Cases cited4 opinions
- Wilson v. VoightSupreme Court of Colorado · 1886
- Brasher v. ChristopheSupreme Court of Colorado · 1887
- Harbison v. TuftsColorado Court of Appeals · 1891
- Wile v. ButlerColorado Court of Appeals · 1893
3Cited by5 opinions
- Hall v. JohnsonSupreme Court of Colorado · 1895
- Lee v. StanardColorado Court of Appeals · 1900
- Booth v. Central Savings BankSupreme Court of Colorado · 1914
- Glass & Bryant Mercantile Co. v. Farmers State BankSupreme Court of Colorado · 1927
- Lee v. StanardColorado Court of Appeals · 1900