Chever v. Horner
Supreme Court of Colorado
Appeal from Arapahoe County Court. Charles G~. Ohever, appellant, brought an action at law against the defendants, Henry E. Rogers and John W. Horner, for possession of lot 10, block 176, in the east division of the city of Denver, claiming ownership in fee-simple. The complaint alleged that Rogers wrongfully withheld possession from the plaintiff, and that Horner claimed title adversely to him.
Read the full summary
Appeal from Arapahoe County Court. Charles G~. Ohever, appellant, brought an action at law against the defendants, Henry E. Rogers and John W. Horner, for possession of lot 10, block 176, in the east division of the city of Denver, claiming ownership in fee-simple. The complaint alleged that Rogers wrongfully withheld possession from the plaintiff, and that Horner claimed title adversely to him. The defendants filed separate answers, Rogers saying he could not obtain information sufficient to form a belief whether the plaintiff was seized of any estate or interest in the lot; and Horner…
1Opinion of the CourtBeck, C. J.
In construing the foregoing statutes this court has held that the execution and .delivery of a deed to a portion of the Denver town-site, by a probate judge, acting under and by virtue of these statutes, was anal*71ogous to the granting of a patent by the land department of the government, and that the same presumptions in favor of the regularity of such deed exist as in the case of a patent issued by the government. .It has long been a settled doctrine that a government patent cannot be impeached collaterally, nor the regularity of the proceedings anterior to its issue called in question in an…
2Cases cited8 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Ross v. Doe on the Demise of BarlandSupreme Court of the United States · 1828
- Sherman v. BuickSupreme Court of the United States · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Henderson v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1930
- Hanlon v. HobsonSupreme Court of Colorado · 1897
- Miller v. SeversSupreme Court of Oklahoma · 1914
- Larned v. JenkinsCourt of Appeals for the Eighth Circuit · 1902
- Taylor v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1890
4 more not listed; retrieve them via the Exa API.