Tabor v. Sullivan
Supreme Court of Colorado
Appeal from the District Court of Lahe County. The appellant, Horace A. W. Tabor, brought suit in the district court of Lake county in July, 1881 against Dennis Sullivan, Peter Finnerty and Charles L. Hall, for the recovery of a small parcel of ground constituting the south end of the Matchless lode, situated in said county.
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Appeal from the District Court of Lahe County. The appellant, Horace A. W. Tabor, brought suit in the district court of Lake county in July, 1881 against Dennis Sullivan, Peter Finnerty and Charles L. Hall, for the recovery of a small parcel of ground constituting the south end of the Matchless lode, situated in said county. The complaint was in form ejectment, alleging title in fee-simple and possession in the plaintiff to the whole lode as located and patented, and an illegal entry upon the parcel in controversy, and ouster of the plaintiff therefrom by the defendants. To the complaint was…
1Opinion of the Court
By the Court.
The first inquiry we deem it important to make relates to Eoley’s knowledge of the unrecorded deed at the time of his purchase; but, in examining the evidence upon this subject, we must bear in mind two propositions, viz.: First. That though the action in its inception was ejectment, yet the pleadings admit the legal title to be in plaintiff. Defendants, by their cross-complaint, present a defense purely equitable in its nature, and the evidence in question was admissible only in connection with this equitable defense. Therefore, while the entire case was, against plaintiff’s…
2Cases cited1 opinion
- Page v. . WaringNew York Court of Appeals · 1879
3Cited by10 opinions
- Lake Erie & Western Railroad v. CharmanIndiana Supreme Court · 1903
- Taylor v. CanterburySupreme Court of Colorado · 2004
- United Coal Co. v. Canon City Coal Co.Supreme Court of Colorado · 1897
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1913
- Davis v. HolbrookSupreme Court of Colorado · 1898
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