Whitescarver v. Interstate Trust Co.
Supreme Court of Colorado
Action to cancel an alleged fraudulent deed. Judgment for plaintiffs. On Application for Supersedeas. Error to the District Court of the City and County of Denver, Hon. Charles C. Butler, Judge.
1Opinion of the CourtJustice Denison
The Interstate Trust Company and others were plaintiffs below and had a decree cancelling a certain deed from Charles A. Whitescarver to his wife, Rosa B. Whitescarver, as fraudulent. She brings error and moves for supersedeas.
The matters relied on for reversal amount to two: 1. That evidence of estoppel was received although estoppel was not pleaded; and 2. That the evidence does not support the decree.
*4171. Upon the first point: The evidence was of representations made by the husband, for the purpose of obtaining credit, that he was the owner of the property conveyed. This was competent and…
2Cited by2 opinions
- Scott v. Burlington State BankSupreme Court of Colorado · 1925
- Gallegos v. La Jara Livestock Loan Co.Supreme Court of Colorado · 1923