Arnold v. Woodward
Supreme Court of Colorado
Appeal from District Court of Chaffee County. The undisputed facts in this case are as follows: In the year 1S69, Charles Gr. Arnold first occupied the lands in controversy, having entered the same for pre-emption in the United States land office at Fairplay, Colo. He proved up on thorn, and on March 31,1874, paid the sum of $200 therefor, taking a receipt in full, describing the lands, from the receiver of the land office.
Read the full summary
Appeal from District Court of Chaffee County. The undisputed facts in this case are as follows: In the year 1S69, Charles Gr. Arnold first occupied the lands in controversy, having entered the same for pre-emption in the United States land office at Fairplay, Colo. He proved up on thorn, and on March 31,1874, paid the sum of $200 therefor, taking a receipt in full, describing the lands, from the receiver of the land office. During the year 1874 Arnold leased the premises to one James A. Woodward, who, after entry, and while in possession as such tenant, filed his application for said land in…
1Opinion of the Court
Richmond, O.
The present and former actions between these parties relating to the land in controversy are dissimilar. In the former, Arnold was plaintiff, and, though he proceeded in ejectment, yet his suit was based upon the lease to Woodward, and possession was claimed for *167condition broken. The right to possession, as between landlord and tenant, was alone in controversy. Woodward’s possession as tenant at that time under the lease being then admitted, the question of title was not and could not be litigated; for “the tenant is estopped to deny the landlord’s title.” By entering upon and…
2Cases cited5 opinions
- Osborn v. CloudSupreme Court of Iowa · 1867
- Larned v. . HudsonNew York Court of Appeals · 1874
- Vance v. OlingerCalifornia Supreme Court · 1865
- Arnold v. WoodardSupreme Court of Colorado · 1878
- New England Screw Co. v. BlivenU.S. Circuit Court for the District of Southern New York · 1854
3Cited by5 opinions
- Silford v. StrattonSupreme Court of Colorado · 1913
- Blumer v. Iowa Railroad Land Co.Supreme Court of Iowa · 1905
- Brodack v. MorsbachWashington Supreme Court · 1905
- Petticrew v. GreenshieldsWashington Supreme Court · 1911
- Arnold v. WoodwardSupreme Court of Colorado · 1896