Moore v. Allen
Supreme Court of Colorado
Error to the County Court of Lake County. Action in ejectment, by defendant in error, as plaintiff below, against defendant, who is plaintiff in error here, to recover possession of certain real estate, situate in tbe city of Leadville. For answer, defendant pleaded: First. A general denial. Second.
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Error to the County Court of Lake County. Action in ejectment, by defendant in error, as plaintiff below, against defendant, who is plaintiff in error here, to recover possession of certain real estate, situate in tbe city of Leadville. For answer, defendant pleaded: First. A general denial. Second. By way of cross-complaint, alleges a parol ante-nuptial agreement between herself and husband, who, at the time it was made, was the owner of the property in dispute, whereby he agreed to convey the same to her after their marriage; that she would not have entered into the marriage relation,…
1Opinion of the CourtJustice Gabbert
The errors assigned will be considered in the order above named. The ultimate facts” with reference to the delivery of possession of the premises to the plaintiff in error, and the erection of improvements thereon by her, were alleged, and the particular acts which she sets out regarding such possession and improvements would be competent evidence to introduce, for the purpose of establishing such facts; but they do not belong in the cross-complaint. In pleadings, issues of fact are made on the material, ultimate facts, properly pleaded, and not on the evidence which it is proper to introduce…
2Cases cited4 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Rooks v. StateSupreme Court of Alabama · 1887
- Green v. GreenSupreme Court of Kansas · 1886
- Marr v. WetzelSupreme Court of Colorado · 1876
3Cited by11 opinions
- Bohanan v. MaxwellSupreme Court of Iowa · 1921
- Nadeau v. Texas CompanyMontana Supreme Court · 1937
- Hughes v. HughesCalifornia Court of Appeal · 1920
- Bailey v. ButnerNevada Supreme Court · 1947
- Fischer v. FischerNebraska Supreme Court · 1921
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