Stephens v. Clay
Supreme Court of Colorado
Appeal from Superior Court of Denver. On January 30,1883, Daniel R. Clay, being the owner and possessed of certain lots in the city of Denver, executed and delivered to James R. Ives, as trustee, a trust deed upon said premises to secure to plaintiff Stephens the payment of his promissory note for $1,000 borrowed of him, with interest at 10 per cent.
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Appeal from Superior Court of Denver. On January 30,1883, Daniel R. Clay, being the owner and possessed of certain lots in the city of Denver, executed and delivered to James R. Ives, as trustee, a trust deed upon said premises to secure to plaintiff Stephens the payment of his promissory note for $1,000 borrowed of him, with interest at 10 per cent. In case of default, the trustee was authorized, in the usual form, to sell the premises and the equity of redemption of Daniel R. Clay, his heirs or assigns, at public auction in cash, ninety days public notice having been previously given in…
1Opinion of the CourtJustice Helm
In response to the preliminary objection urged by counsel for appellee, we suggest: That while a general assignment of error challenging the charge as a whole or the rulings en masse in admitting or rejecting testimony would be defective, yet where, as in the present case, the judgment or decree is questioned on the ground that it is not supported by the evidence or that it is contrary to law, such an assignment may be sufficient. The assignments before us might have been more specific and elaborate ; but they are not so imperfect as to justify our refusal to consider the merits of the…
2Cases cited16 opinions
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Murray v. HobsonSupreme Court of Colorado · 1887
- Shillaber v. RobinsonSupreme Court of the United States · 1878
- Bottineau v. Ætna Life InsuranceSupreme Court of Minnesota · 1883
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3Cited by42 opinions
- Dozier v. FarriorSupreme Court of Alabama · 1914
- County Commissioners v. City of Colorado SpringsSupreme Court of Colorado · 1919
- Neikirk v. Boulder National BankSupreme Court of Colorado · 1912
- Bent-Otero Improvement Co. v. WhiteheadSupreme Court of Colorado · 1898
- Smith v. WoodwardSupreme Court of Virginia · 1918
37 more not listed; retrieve them via the Exa API.