Brothers v. Brothers
Supreme Court of Colorado
Appeal from the District Cotirt of Arapahoe County. Action by appellee, as plaintiff, against appellant and her husband, Henry Brothers, to quiet title to a certain tract of real estate and a water right appropriated and used for the irrigation of the premises in question. The issues formulated by the pleadings were found in favor of plaintiff, and a decree rendered adjudging him the owner of such premises and water right.
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Appeal from the District Cotirt of Arapahoe County. Action by appellee, as plaintiff, against appellant and her husband, Henry Brothers, to quiet title to a certain tract of real estate and a water right appropriated and used for the irrigation of the premises in question. The issues formulated by the pleadings were found in favor of plaintiff, and a decree rendered adjudging him the owner of such premises and water right. From this judgment the defendant, Eliza Brothers, brings the case here for review on appeal. The evidence is not before us, and the only question presented is the…
1Opinion of the Court
Mr.JusticeGabbert
delivered the opinion of the court.
The first point made by counsel for defendant is, that the contract upon which plaintiff relies is not sufficiently definite. What merit this proposition may have, as applied to the evidence, is not presented, for the testimony is not before us. As applied to the pleadings, it has none. The gist of the ultimate facts which plaintiff pleads is to the effect that after he became of age he rendered services for his father, one of the defendants; that the latter, in consideration of such services, made him a parol gift of the premises in…
2Cases cited13 opinions
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Manhattan Life Ins. v. WarwickSupreme Court of Virginia · 1871
- Hardesty v. RichardsonCourt of Appeals of Maryland · 1876
- Hunt v. HaytSupreme Court of Colorado · 1887
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