Cook v. Elmore
Wyoming Supreme Court
ERROR to the District Court, Campbell County; Hon. James H. BuRGEss, Judge. Action by Lydia H. Elmore against Claude K. Cook for the recovery of possession to land. There was a decree for plaintiff and defendant brings error.' The facts are stated in the opinion.
Read the full summary
ERROR to the District Court, Campbell County; Hon. James H. BuRGEss, Judge. Action by Lydia H. Elmore against Claude K. Cook for the recovery of possession to land. There was a decree for plaintiff and defendant brings error.' The facts are stated in the opinion. Plaintiff’s cause of action is barred by Section 4300 C. S. 1910 and defendant’s demurrer should have been sustained; the allegations of the petition indicate that the recovery is sought upon the ground of fraud, hence the applicability of the statute; a liberal interpretation of the petition shows that a constructive trust is…
1Opinion of the Court
BeaRD, Chief Justice.
In this case the defendant in error, Lydia H. Elmore, brought the action against the plaintiff in error, Claud K. Cook, to recover the title and possession of certain described real estate, claiming to be the owner thereof and that Cook held the legal title thereto in trust for her, and wrongfully kept her out of the possession of the same. Defendant denied holding the title in trust and claimed to be the absolute owner of the land. A decree was entered in favor of *168plaintiff, and the defendant brings the ease here by proceedings in error.
By stipulation of the attorneys…
2Cases cited6 opinions
- Black v. BlackSupreme Court of Kansas · 1902
- Zunkel v. ColsonSupreme Court of Iowa · 1899
- Burling v. NewlandsCalifornia Supreme Court · 1896
- Bradley Bros. v. BradleyCalifornia Court of Appeal · 1912
- Cook v. ElmoreWyoming Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Rick Morgan v. City of Rawlins and Abe DeherreraCourt of Appeals for the Tenth Circuit · 1986
- Willis v. WillisWyoming Supreme Court · 1935
- Delgue v. CurutchetWyoming Supreme Court · 1984
- Larry M. Young v. Township of Green OakCourt of Appeals for the Sixth Circuit · 2006
- Rialto Theatre, Inc. v. Commonwealth Theatres, Inc.Wyoming Supreme Court · 1986
18 more not listed; retrieve them via the Exa API.