Ross v. Duggan
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The appellant, Ellen Eoss, filed her bill of complaint in the District Oourt of Arapahoe County, substantially as follows : That about the 19th of March, 1866, James Duggan was indebted to J. Bright Smith, in the sum of $1,000; whether the indebtedness was evidenced by note was unknown.
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Appeal from District Court of Arapahoe County. The appellant, Ellen Eoss, filed her bill of complaint in the District Oourt of Arapahoe County, substantially as follows : That about the 19th of March, 1866, James Duggan was indebted to J. Bright Smith, in the sum of $1,000; whether the indebtedness was evidenced by note was unknown. That on said day Duggan conveyed to Smith certain real estate described, to secure said indebtedness, and future advances; that the deed was in fee, but intended and received as a mortgage. Complainant was not informed when the indebtedness to Smith was due, but…
1Opinion of the Court
Stone, «T.
Appellant, as a creditor of Duggan, was secured by a deed from him of certain lands, which deed it is admitted was intended as a mortgage only, and further security was given by a chattel mortgage of personal property.
O’Neil, one of appellees, claims title to the land by virtue of a sale under a junior lien created by a judgment against Duggan.
The two cases of Ross v. Duggan et al. and of O'Neil v. Ross et al., were consolidated in the court below by stipulation, and are to be considered together as one.
The material allegations in the bill of O’Neil, as ground for the relief prayed…
2Cases cited7 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Guion v. KnappNew York Court of Chancery · 1836
- Columbia Bank v. JacobsMichigan Supreme Court · 1862
- Stevens v. HinckleySupreme Judicial Court of Maine · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Grady v. Richmond & Danville RailroadSupreme Court of North Carolina · 1895
- Hartney v. GoslingWyoming Supreme Court · 1902
- McClure v. SmithSupreme Court of Colorado · 1890
- Ocobock v. BakerNebraska Supreme Court · 1897
- Annan v. HaysCourt of Appeals of Maryland · 1897
13 more not listed; retrieve them via the Exa API.