Legal Opinion

McFarran v. Knox

Supreme Court of Colorado

Decided April 15, 1880PublishedCited by 14 opinions

Appeal, from District .Court of El Paso County. McFarran, the appellant, filed in the District Court of El Paso County his complaint as follows: “Plaintiff alleges that he is now, and has for more than two years last past, been in possession of the following described premises, in the county of El Paso and State of Colorado, to-wit: Lot three (3) in D. Iff.

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Appeal, from District .Court of El Paso County. McFarran, the appellant, filed in the District Court of El Paso County his complaint as follows: “Plaintiff alleges that he is now, and has for more than two years last past, been in possession of the following described premises, in the county of El Paso and State of Colorado, to-wit: Lot three (3) in D. Iff. Rose’s subdivision of lots twenty-five (25), twenty-six (26) and- twent}'--seven (27), in block ninety - two (92), in the city of Colorado Springs. Plaintiff alleges that the said Nellie Loyd Knox and the said James L. Knox, by Irving…

1Opinion of the Court

Elbert, O. J.

Under the provisions of the statute (Session Laws 1871, section 1, page 169), upon the filing of the abstract *221of judgment in the office-of the recorder, the judgment of McFarran became a lien upon all the real estate of McGovney, the judgment - debtor. Although repealed, accrued' rights under this act were saved by the act repealing it. Code, pages 162 and 163.

Real estate subject to execution under the provisions of the Revised Statutes, section 1, page 370, included all interest “ of the defendant or any person to his use held or claimed by virtue of any deed, bond, covenant or…

2Cases cited2 opinions

  1. Niantic Bank v. DennisIllinois Supreme Court · 1865
  2. Reichert v. McClureIllinois Supreme Court · 1860

3Cited by14 opinions

  1. McMurtrie v. RiddellSupreme Court of Colorado · 1886
  2. Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
  3. Jerome v. Carbonate National BankSupreme Court of Colorado · 1895
  4. Mutual Building & Loan Ass'n of Las Cruces v. CollinsNew Mexico Supreme Court · 1973
  5. Campbell v. First National BankSupreme Court of Colorado · 1896

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