Wise v. Brocker
Supreme Court of Colorado
Error to District Court, Arapahoe County. ■ William A. Wise and Anna Wise sued out a writ of error to the district court of Arapahoe county, to bring up the record of a decree in a cause wherein Franz A. Brocker was-complainant, and the said William and Anna were respondents. Amelia L. Brocker was summoned as executrix of the last will and testament, and sole devisee of the estate of' Franz A. Brocker. Messrs.
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Error to District Court, Arapahoe County. ■ William A. Wise and Anna Wise sued out a writ of error to the district court of Arapahoe county, to bring up the record of a decree in a cause wherein Franz A. Brocker was-complainant, and the said William and Anna were respondents. Amelia L. Brocker was summoned as executrix of the last will and testament, and sole devisee of the estate of' Franz A. Brocker. Messrs. Browe & Puteam, for the said Amelia, now moved to dismiss the writ, for the reason that it did not appear that the said Franz A. Brocker was dead, and that the said Amelia had any…
1Per curiam
Franz A. Brocker obtained a decree foreclosing a mortgage given by plaintiffs in error, and defendant in error is summoned as executrix of his will and sole devisee of his estate. As plaintiffs in error were parties to the decree, and directly affected by it, of course they may prosecute this writ; but it is said that Franz A. Brocker is dead, and we have no evidence that defendant in error is executrix as charged. If it were necessary to furnish evidence of the death of the person against whose estate relief is sought, and of the appointment of an executor or administrator of the estate,…
2Cited by5 opinions
- Moreau v. BuchholzSupreme Court of Colorado · 1951
- Rudolph v. RudolphSupreme Court of Colorado · 1911
- Ohio-Colorado Mining & Milling Co. v. ElderSupreme Court of Colorado · 1909
- Stout v. GullySupreme Court of Colorado · 1889
- Foster v. WrightMissouri Court of Appeals · 1945