Wells v. Francis
Supreme Court of Colorado
Appeal from District Court of Clear Creeh County. Appellant filed complaint in Clear Creek district court against appellees, averring: That September 6, 1870, George Way was the owner of premises then situate in the public domain, to wit, a certain mill site and water-power with the mill building, etc., and on or about the same day executed to the Franklin Silver Mining Company a title bond, conditioned to convey the same; that about February 1, A. D. 1871, the Franklin…
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Appeal from District Court of Clear Creeh County. Appellant filed complaint in Clear Creek district court against appellees, averring: That September 6, 1870, George Way was the owner of premises then situate in the public domain, to wit, a certain mill site and water-power with the mill building, etc., and on or about the same day executed to the Franklin Silver Mining Company a title bond, conditioned to convey the same; that about February 1, A. D. 1871, the Franklin Company assigned the same to one McFarland; that about August 25, 1871, Way, in lieu of said bond, executed another like…
1Opinion of the CourtHelm, J.
The following questions are presented by the record in this case, viz.:
First. Were the patentee and his grantees, who are the appellees in this suit, necessary parties to the action of appellant for a vendor’s lien? By failing to make *414them parties thereto, is he now estopped from testing the validity of their claim of title to the premises in controversy?
Second. Was it necessary in that action to sue Francis as trustee, or to make his cestuis que trust parties, in order to reach the entire equitable interest conveyed and held by him under the title bond?
Third. In view of the answers which may…
2Cases cited11 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Button v. SchroyerWisconsin Supreme Court · 1856
- Vannice v. BergenSupreme Court of Iowa · 1864
- Banning v. BradfordSupreme Court of Minnesota · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Quintana v. AnthonyIdaho Court of Appeals · 1985
- Borcherdt v. FavorColorado Court of Appeals · 1901
- Pope v. ParkerSupreme Court of Colorado · 1928
- Bassick Min. Co. v. DavisSupreme Court of Colorado · 1887
- Farrell v. WysongCourt of Appeals for the Eighth Circuit · 1917
6 more not listed; retrieve them via the Exa API.