Elder v. Schumacher
Supreme Court of Colorado
Appeal from the District • Court of Lahe County. This is a controversy in reference to the title to lots numbers twenty-seven and twenty-eight, in block sixty-six, Stevens & Leiter’s subdivision of U. S. Survey No. 271, in the city of Leadville, county of Lake, and state .of Colorado. The complaint is in the form usually adopted under the. code for possession and damages for the detention of real property.
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Appeal from the District • Court of Lahe County. This is a controversy in reference to the title to lots numbers twenty-seven and twenty-eight, in block sixty-six, Stevens & Leiter’s subdivision of U. S. Survey No. 271, in the city of Leadville, county of Lake, and state .of Colorado. The complaint is in the form usually adopted under the. code for possession and damages for the detention of real property. It is alleged therein that Charles P. Schumacher, the plaintiff, is the owner of the property in controversjL The defendant Dixon made default. He was merely a tenant and had no interest in…
1DissentJustice Elliott
(dissenting) :
I cannot agree with the majority opinion as expressed upon this rehearing. It seems to me my associates have fallen into the error of considering this a trial court for the purpose of determining the issue upon the evidence, instead of keeping within the province of an appellate court reviewing an action triable, and actually tried, by jury upon oral evidence. Moreover, I fear the majority opinion will tend to inaugurate a practice permitting land titles to be attacked and overthrown without affording adequate means of defense or redress in many cases. I shall endeavor to show…
2Cases cited9 opinions
- Stephens v. ClaySupreme Court of Colorado · 1892
- Danielson v. GudeSupreme Court of Colorado · 1887
- Exchange Bank v. FordSupreme Court of Colorado · 1884
- Pearson v. CoxTexas Supreme Court · 1888
- Riggan v. . GreenSupreme Court of North Carolina · 1879
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