Christ v. Flannagan
Supreme Court of Colorado
Error to the District Court of El Paso County. This action was instituted by plaintiff in error against the defendants in error to remove an alleged cloud from the title to certain lots in Colorado City, El Paso county, Colorado.
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Error to the District Court of El Paso County. This action was instituted by plaintiff in error against the defendants in error to remove an alleged cloud from the title to certain lots in Colorado City, El Paso county, Colorado. There is no dispute in reference to the facts, which are as follows: In 1875 a judgment was duly rendered in one of the justice courts of El Paso county in favor of E. T. Colton, and against one Fred Holderer, for the sum of two hundred and ninety (290) dollars. From this judgment an appeal was duly taken to the district court of El Paso county, the sureties upon the…
1Opinion of the CourtChief Justice Hayt
Upon this record three questions are presented:
First. Did the district court of El Paso county have jurisdiction to proceed to judgment in the original cause after having granted defendant’s application for a change of venue without a formal order setting the same aside ?
Second. Plaintiff Colton having died prior to the issuance of the execution upon which the property was sold, was such execution and sale void ?
Third. Roman, one of the judgment debtors, having died before such execution was issued, did the fact that the same was issued with his name, as one of the defendants, render void the…
2Cases cited7 opinions
- Edwards v. SmithSupreme Court of Colorado · 1891
- Ransom v. WilliamsSupreme Court of the United States · 1865
- Gager v. Doe, ex dem. GordonSupreme Court of Alabama · 1856
- Yater v. State ex rel. Board of Comm'rsIndiana Supreme Court · 1877
- Martin v. Branch BankSupreme Court of Alabama · 1849
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3Cited by20 opinions
- Alexander v. Morrison-Knudsen CompanySupreme Court of Colorado · 1968
- Dillingham v. SchmidtSupreme Court of Colorado · 1928
- Graham v. FrancisSupreme Court of Colorado · 1928
- Phoenix Indemnity Co. v. GregerSupreme Court of Colorado · 1907
- In re GrayeMontana Supreme Court · 1907
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