People of Colorado v. Ohio Casualty Insurance

MURRAH, Circuit Judge.

This is an appeal from an order of the District Court of Colorado dismissing appellants’ action to set aside a deed by an Administratrix to the attorney for the estate, and to impress a trust upon the property for constructive fraud. The dismissal was based upon the view that the action was a collateral attack upon a judgment of the County Court of Routt County, Colorado, settling the estate and approving the sale. Federal jurisdiction is based upon diversity of citizenship and requisite amount in controversy.

According to the agreed statement of facts, upon ascertaining…