Legal Opinion

Pipe v. Smith

Supreme Court of Colorado

Decided December 15, 1879PublishedCited by 27 opinions

Appeal from District Court of Jefferson County. On the 9th of May, 1878, Jolm Pipe, the appellant, filed in the District Court of Jefferson County, his complaint, alleging as follows: 1st. ¶ That sometime during the year of 1859 or ’60, William A. LL Loveland, of the town of Golden, in the county of Jefferson and State of Coloi’ado, and others, citizens of the United States, settled upon the lands hereinafter described as embracing the town site entry of the said town of…

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Appeal from District Court of Jefferson County. On the 9th of May, 1878, Jolm Pipe, the appellant, filed in the District Court of Jefferson County, his complaint, alleging as follows: 1st. ¶ That sometime during the year of 1859 or ’60, William A. LL Loveland, of the town of Golden, in the county of Jefferson and State of Coloi’ado, and others, citizens of the United States, settled upon the lands hereinafter described as embracing the town site entry of the said town of Golden (formerly Golden City), organized a town company, laid off in blocks and lots, with streets and alleys, all of said…

1Opinion of the CourtElbert, C. J.

The appellant claims through Loveland, and his right to the relief prayed is of no better or higher character than would be Loveland’s right, if himself complainant.

The premises in dispute were within the exception contained in the probate judge’s deed to Loveland of December 23,^1864, and title did not pass. Pipe v. Smith, 4 Col. 444.

Whatever claim Loveland had to the premises is based on his agreement of December 11, 1863, with certain citizens of the town of Golden City. This agreement, in fact, forms the basis of the present action. For the purposes of this decision, we need not enter…

2Cases cited4 opinions

  1. Johnson v. JohnsonSupreme Court of Alabama · 1843
  2. Sublette v. TinneyCalifornia Supreme Court · 1858
  3. Wilmerding v. RussSupreme Court of Connecticut · 1865
  4. Hart v. British & Foreign Marine InsuranceCalifornia Supreme Court · 1889

3Cited by27 opinions

  1. Aldrich v. McCulloch Properties, Inc.Court of Appeals for the Tenth Circuit · 1980
  2. Bohm v. BohmSupreme Court of Colorado · 1885
  3. Swift v. SmithCourt of Appeals for the Eighth Circuit · 1897
  4. Woodruff v. WilliamsSupreme Court of Colorado · 1905
  5. Redd v. BrunCourt of Appeals for the Eighth Circuit · 1907

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