Knox v. McFarran
Supreme Court of Colorado
Appeal from District Court of FI Paso County. Ejectment. ■ The declaration averred seizin in fee; plea of the general issue. It was stipulated between the parties at the trial ‘£ that the chain of title to the property in controversy from the United States to David M. Rose, is in all respects legal and perfect.”
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Appeal from District Court of FI Paso County. Ejectment. ■ The declaration averred seizin in fee; plea of the general issue. It was stipulated between the parties at the trial ‘£ that the chain of title to the property in controversy from the United States to David M. Rose, is in all respects legal and perfect.” The plaintiff then gave in evidence a deed of conveyance from Rose to James Knox, one'of the plaintiffs, duly acknowledged and recorded. . The deed bore date January 5, 1876, purporting to be from Rose to Knox,' trustee, in consideration of $420; conveying the premises in controversy…
1Opinion of the CourtElbert, J.
The superior facilities of a court of equity to investigate questions of fraud, its greater power to afford relief, the propriety of investigating questions touching the validity of conveyances of real estate in a direct rather than a collateral proceeding, would have made a resort to its jurisdiction in this case advisable. Courts of law, however, have generally insisted upon a broad concurrent jurisdiction in matters of fraud, and we accept the decisions as we find them. In an action of ejectment it is competent to show that a conveyance relied upon by one of the parties to the action was…
2Cases cited8 opinions
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Frear v. EvertsonNew York Supreme Court · 1822
- Babcock v. JordanIndiana Supreme Court · 1865
- Simpkins v. RogersIllinois Supreme Court · 1854
- Wheeler v. McCorristenIllinois Supreme Court · 1860
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3Cited by41 opinions
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- Warren v. AdamsSupreme Court of Colorado · 1894
- McMurtrie v. RiddellSupreme Court of Colorado · 1886
- Hallett v. AlexanderSupreme Court of Colorado · 1911
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