Loveland v. Clark
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This was a suit in equity commenced in the district court of Arapahoe county, on the 12th day of May, 1887, to set aside certain conveyances. It appears that, on or about the 1st day of May, 1884, Kufus Olark, one of the appellees, sold and conveyed to W. A. H. Loveland and T. C. Henry certain lands situate in Arapahoe county.
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Appeal from District Court of Arapahoe County. This was a suit in equity commenced in the district court of Arapahoe county, on the 12th day of May, 1887, to set aside certain conveyances. It appears that, on or about the 1st day of May, 1884, Kufus Olark, one of the appellees, sold and conveyed to W. A. H. Loveland and T. C. Henry certain lands situate in Arapahoe county. The consideration was $70,000, $10,000 of which was paid in cash, the balance to be paid in instalments evidenced by four promissory notes, secured by deed of trust upon the land, John R. Hanna and Charles B. Kountz being…
1Opinion of the CourtElbert, J.
1. Hanna and Kountz were the trustees named in the deed of trust. While both joined in the notice of sale, Hanna alone made the sale and executed the deed to the purchaser. The claim is that the power was joint, that one alone could not exercise it, and that *268the trust sale was void. Undoubtedly, where the grant is to two or more trustees, all must join in the execution of the trust, unless it should be otherwise provided. It cannot, however, be doubted that one of two or more trustees named in a deed of trust may execute the trust if by its terms the deed so provide. It is purely a matter of…
2Cases cited10 opinions
- Markey v. LangleySupreme Court of the United States · 1876
- Reading v. WatermanMichigan Supreme Court · 1881
- Smith v. BlackSupreme Court of the United States · 1885
- Newman v. JacksonSupreme Court of the United States · 1827
- Horsey v. Hough ex rel. HoughCourt of Appeals of Maryland · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. HinderliderSupreme Court of Colorado · 1936
- People ex rel. Park Reservoir Co. v. HinderliderSupreme Court of Colorado · 1936
- South Texas Mortgage Co. v. CoeCourt of Appeals of Texas · 1914
- Lathrop v. TracySupreme Court of Colorado · 1897
- Beacon Hill Land Co. v. BowenSupreme Court of Rhode Island · 1912
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