Mullen v. McKim
Supreme Court of Colorado
Error to the District Court of Arapahoe County. The original complaint, filed in June, 1882, in substance alleges that Margaret E. Cody, the mother of plaintiff Paris McKim, was the owner of certain lots in the city of Denver which in 1872 she transferred to the defendant Mullen by a quitclaim deed; that said deed, although absolute on its face, was given by her, and accepted bjr the defendant, as a mortgage to secure the payment of about |500 then owing to the defendant by…
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Error to the District Court of Arapahoe County. The original complaint, filed in June, 1882, in substance alleges that Margaret E. Cody, the mother of plaintiff Paris McKim, was the owner of certain lots in the city of Denver which in 1872 she transferred to the defendant Mullen by a quitclaim deed; that said deed, although absolute on its face, was given by her, and accepted bjr the defendant, as a mortgage to secure the payment of about |500 then owing to the defendant by Mrs. Cody; that thereafter, in 1878, Mrs. Cody paid to said Mullen the mortgage indebtedness, when, instead of…
1Opinion of the CourtJustice Campbell
1. Before the referee, counsel for plaintiff in error offered in evidence the answer of Mrs. Cody, purporting to have been filed in a suit theretofore brought in one of the district courts of this state, and relating to this same property, where*471in Powell & Hollister, creditors of Mrs. Cody, brought suit against her and the defendant Mullen, the object of which was to subject this pi’operty to their claim. The answer itself is not contained in the record, but only a summary of it, from which, however, it appears that her statements therein were inconsistent with her evidence upon the previous…
2Cases cited10 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Gupton v. GuptonSupreme Court of Missouri · 1870
- White v. LyonsCalifornia Supreme Court · 1871
- Ryan v. PeopleSupreme Court of Colorado · 1895
- Eichbredt v. AngermanIndiana Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Atchison v. City of EnglewoodSupreme Court of Colorado · 1977
- Jaynes v. PeopleSupreme Court of Colorado · 1908
- Colorado & Utah Coal Co. v. HarrisSupreme Court of Colorado · 1935
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- Mitsunaga v. PeopleSupreme Court of Colorado · 1912
8 more not listed; retrieve them via the Exa API.