Pascoe v. Green
Supreme Court of Colorado
Error to the EisPriot Court of Pitldn County. This action was brought in the district court of Pitkin county, under section 3283, page 953 of the General Statutes, to determine the right to a conveyance of lots F, G, H and I, in block 86, in the town site of Aspen.
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Error to the EisPriot Court of Pitldn County. This action was brought in the district court of Pitkin county, under section 3283, page 953 of the General Statutes, to determine the right to a conveyance of lots F, G, H and I, in block 86, in the town site of Aspen. It appears that the town site was entered June 2, 1881, by J. W. Dean, the then county judge of Pitkin county ; that the entry was suspended and the issuance of the patent thereby delayed until the 3d day of March, 1885, when a patent was issued to Dean and his successors in trust, for the Aspen town site; that in 1887 M. G.…
1Per curiam
By the letter of the town site act and the decisions of this court, “ the trust closed upon the entry of the town site.” Cook v. Rice, 2 Colo. 131; Clayton v. Spencer, 2 Colo. 378; Adams v. Binkley, 4 Colo. 247. And the rights of the respective parties as beneficiaries thereunder must be determined as of that date. It is clear that the defendant in error shows no right based upon an equity existing at the time of entry. ■
The plaintiff in error derives his right, if any, from his grantor, who-had, as the evidence discloses, partially built a rough board shanty upon one of the lots in April or…
2Cases cited3 opinions
- Cook v. RiceSupreme Court of Colorado · 1873
- Clayton v. SpencerSupreme Court of Colorado · 1874
- Adams v. BinkleySupreme Court of Colorado · 1878
3Cited by4 opinions
- McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
- Concord Corporation v. HuffSupreme Court of Colorado · 1960
- Johnston v. SmithArizona Supreme Court · 1931
- Hodges v. LempIdaho Supreme Court · 1913