Warren v. Adams
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. On December 15, 1890, the appellee instituted this action against the appellants, the surviving heirs of John W. Iliff, deceased, to declare a trust.
Read the full summary
Appeal from the District Court of Arapahoe County. On December 15, 1890, the appellee instituted this action against the appellants, the surviving heirs of John W. Iliff, deceased, to declare a trust. The averments of the complaint, in substance, are that the ' plaintiff, in the latter part of the year 1866, brought to the city of Denver a large herd of cattle ; that he employed said John W. Iliff as his agent to assist him in selling and disposing of said cattle and collecting the purchase money therefor; that he sold one hundred head of said cattle at $20.00 a head to Erastus E. Eastman;…
1Opinion of the CourtJustice Goddard
If the averments of the complaint that the deed to the land in question was executed by Eastman to Iliff in consideration of, and in payment for, the cattle sold to him by Adams, is established bjr the evidence, a resulting trust arose in favor of Adams, in pursuance of the settled doctrine in equity that the beneficial interest or estate follows the consideration and inures to the party from whom the consideration comes. Perry on Trusts, § 126; Pomeroy’s Eq. Jurisp. § 1037; Bispham’s Eq. § 79; Dyer v. Dyer, 1 Leading Cases in Eq. 348; Davis v. Davis, 18 Colo. 66.
The first inquiry presented,…
2Cases cited29 opinions
- United States v. TaylorSupreme Court of the United States · 1881
- Riddle v. WhitehillSupreme Court of the United States · 1890
- Love v. WatkinsCalifornia Supreme Court · 1871
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Knox v. McFarranSupreme Court of Colorado · 1879
24 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Saybe v. SageSupreme Court of Colorado · 1910
- French v. WoodruffSupreme Court of Colorado · 1898
- Young v. MontgomeryIndiana Supreme Court · 1903
- Walker v. BruceSupreme Court of Colorado · 1908
- Klamm Shell v. BergSupreme Court of Colorado · 1968
35 more not listed; retrieve them via the Exa API.