Keely v. East Side Improvement Co.

The facts material to this ruling are:

February 8, 1893, The East Side Improvement Company while owner in fee and in possession of certain lots in Malone and Du Bois subdivision, Arapahoe county, Colorado, made an agreement with David R. McCurdy, to convey to .him these lots. McCurdy thereupon assigned this agreement to Clementina McCurdy, who April 8,1893, contracted *367to borrow $5,000 from one Miller for the purpose of constructing a house upon the lots. This contract, in the nature of a mortgage, Miller assigned, July 1, 1893, to appellee Du Bois. The house valued at $5,000 was built. March…