Legal Opinion

Henry v. McNealey

Supreme Court of Colorado

Decided September 15, 1897No. 3567PublishedCited by 11 opinions

Appeal from the District Court of Weld County. Appellants and appellees are contesting in this action the right to inherit a one-half interest in the property of one David Henry, deceased, who died intestate in tins state on the 24, day of December, 1891, leaving a widow who survived him only eighteen days. This wife died without issue, leaving her mother, Nellie A. Evans, her sole heir.

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Appeal from the District Court of Weld County. Appellants and appellees are contesting in this action the right to inherit a one-half interest in the property of one David Henry, deceased, who died intestate in tins state on the 24, day of December, 1891, leaving a widow who survived him only eighteen days. This wife died without issue, leaving her mother, Nellie A. Evans, her sole heir. There is no controversy in this action over the property rights of Nellie A. Evans, it being admitted that she is entitled to an undivided one half of the estate of David Henry, deceased, the remainder of the…

1Opinion of the Court

Chibe Justice Hayt

delivered the opinion of the court.

There is some controversy in this court as to the precise ground upon which the judgment in favor of appellees was placed by the court below. We do not see, however, that this can be a material issue in the case. The record shows that both plaintiffs and defendants offered all their evidence in the court below, and rested. The record further shows : “ Thereupon, respondents asked for judgment against the petitioners and for their costs herein.”

The Court: “ There will be an order entered as to dismissal agahist the petitioners, and for the…

2Cases cited4 opinions

  1. Barnum v. BarnumCourt of Appeals of Maryland · 1875
  2. Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
  3. Green v. GreenSupreme Court of Missouri · 1894
  4. Buchanan v. HarveySupreme Court of Missouri · 1864

3Cited by11 opinions

  1. Welch v. All PersonsMontana Supreme Court · 1927
  2. Baird v. BairdSupreme Court of Colorado · 1910
  3. Gonzales v. ChinnSupreme Court of Colorado · 1949
  4. Peery v. PeeryColorado Court of Appeals · 1915
  5. House v. SmithSupreme Court of Colorado · 1947

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