McMillen v. Gerstle
Supreme Court of Colorado
Appeal-from the District Court of Car field County. This was a proceeding in intervention to determine the right to certain real estate. Verdict and judgment in favor of appellee, petitioner in intervention.
1Opinion
ON PETITION EOR REHEARING-.
2Per curiam
The appellant relies, in his petition for a rehearing, upon a question we did not deem it essential to pass upon in the original opinion in this case; and that is, *102that the evidence introduced in the court below shows that Gerstle had entered into an agreement with Leonard for the purchase of the land in question prior to the entry in the land office, and that the deed executed on the 21st day of October, 1890, was made prior to such entry; and, incidental to this, that the court erred in not permitting Leonard, upon his cross-examination, to testify to such…
3Cases cited3 opinions
- Snow v. FlannerySupreme Court of Iowa · 1860
- Turner v. DonnellyCalifornia Supreme Court · 1886
- Larison v. WilburNorth Dakota Supreme Court · 1890