Legal Opinion

Andrus v. St. Louis Smelting & Refining Co.

Supreme Court of the United States

Decided May 13, 1889No. 260PublishedCited by 52 opinions

ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OF COLORADO. On the 27th of March, 1879, the plaintiff below, a citizen of Colorado, purchased for the consideration of $875 a lot or parcel .of land in the town of Leadville, Colorado, described in'the. complaint, and took a conveyance of it from the defendant, the St. Louis Smelting and Refining Company, a corporation created under the laws of Missouri.

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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OF COLORADO. On the 27th of March, 1879, the plaintiff below, a citizen of Colorado, purchased for the consideration of $875 a lot or parcel .of land in the town of Leadville, Colorado, described in'the. complaint, and took a conveyance of it from the defendant, the St. Louis Smelting and Refining Company, a corporation created under the laws of Missouri. The deed of conveyance contained covenants that the defendant was seized of an éstate in fee simple of the premises; that they were clear of all liens and'encumbrances; and…

1Opinion of the CourtJustice Field

As appears by the above statement, the gist of the action is the alleged deceit practised upon the plaintiff by the agents,attorneys and officers of the company to induce him to purchase from it a lot in Leadville, by representing that it had obtained a release of the right of all claimants to the land, and could put him into immediate possession; -whereas, upon attempting to, enter upon the land, purchased, he found another in possession, who refused to surrender it, and thus he was kept out of possession from the time of his- purchase, March 27, 1879, to February 22, 1883, during which…

2Cases cited3 opinions

  1. Sandford v. HandyNew York Supreme Court · 1840
  2. Wardell v. Fosdick & DavisNew York Supreme Court · 1816
  3. Monell v. ColdenNew York Supreme Court · 1816

3Cited by52 opinions

  1. Falter v. United StatesCourt of Appeals for the Second Circuit · 1928
  2. Farrar v. ChurchillSupreme Court of the United States · 1890
  3. Jack B. Cohen, Betty L. Cohen v. Wedbush, Noble, Cooke, Inc.Court of Appeals for the Ninth Circuit · 1988
  4. Atlas Portland Cement Co. v. American Brick & Clay Co.Supreme Court of Pennsylvania · 1924
  5. Johnson v. AllenUtah Supreme Court · 1945

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