Ernst v. St. Clair
Supreme Court of Colorado
Action for breach of warranty of title to real property. Judgment of dismissal. Error to the District Court of Larimer County, Hon. Neil F. Graham, Judge.
1Opinion of the CourtJustice Denison
A general demurrer to the complaint was sustained, the plaintiff stood by the complaint and judgment was entered for defendant. The suit was for breach of the covenants of warranty and for quiet enjoyment in a conveyance to plaintiff’s grantor. The complaint alleged that plaintiff had entered into possession of the land in question and the breach alleged was that it belonged to the State of Colorado and that in 1918, the State “did regularly assert” its title and then and there “did duly and regularly institute legal proceedings for the sale and delivery of possession thereof,” and that…
2Cases cited2 opinions
- Seyfried v. KnoblauchSupreme Court of Colorado · 1908
- Tierney v. WhitingSupreme Court of Colorado · 1875
3Cited by6 opinions
- Bernklau v. StevensSupreme Court of Colorado · 1962
- Hawkins v. StoffersWyoming Supreme Court · 1929
- Stone v. RozichSupreme Court of Colorado · 1931
- Upton v. GriffittsColorado Court of Appeals · 1992
- People v. SternsColorado Court of Appeals · 2013
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