Legal Opinion

Waterbury v. Fisher

Colorado Court of Appeals

Decided September 15, 1894PublishedCited by 8 opinions

Appeal from the District Court of Arapahoe County. Oh the 5th day of March, 1881, the defendant Fisher and one E. J. Loper purchased of Vincent D. Markham lots 25 to 32 (both inclusive), in block 22, in Case and Ebert’s addition to the city of Denver, for $5,600. The lots were subject to an incumbrance of $1,740, which was assumed by the purchasers, deducted from the $5,600, leaving $3,860, which was paid in cash, of which amount Loper paid $409.20, and Fisher $3,450.80. The…

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Appeal from the District Court of Arapahoe County. Oh the 5th day of March, 1881, the defendant Fisher and one E. J. Loper purchased of Vincent D. Markham lots 25 to 32 (both inclusive), in block 22, in Case and Ebert’s addition to the city of Denver, for $5,600. The lots were subject to an incumbrance of $1,740, which was assumed by the purchasers, deducted from the $5,600, leaving $3,860, which was paid in cash, of which amount Loper paid $409.20, and Fisher $3,450.80. The conveyance was made to Fisher. On the date of the purchase the defendant executed and delivered to Loper the following…

1Opinion of the CourtReed, J.

Appellants prosecute this appeal, alleging as error the failure of the court to decree a greater or further interest in the property or proceeds. The assignment is as follows : “ The court erred in not requiring the appellee to sell said real estate and to pay to the#appellants a proportion of the . profits derived from the sale of said real estate ; ” and “ the court erred in not decreeing that the appellee should account for one half of the profits on the real estate mentioned in said decree.” No other errors are claimed or urged in argument. By the decision upon the demurrer to the…

2Cases cited6 opinions

  1. Knox v. McFarranSupreme Court of Colorado · 1879
  2. Kayser v. MaughamSupreme Court of Colorado · 1885
  3. Meagher v. ReedSupreme Court of Colorado · 1890
  4. Lipscomb v. NicholsSupreme Court of Colorado · 1882
  5. Learned v. TritchSupreme Court of Colorado · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Berryman v. BerrymanSupreme Court of Colorado · 1946
  2. Mullen v. McKimSupreme Court of Colorado · 1896
  3. Powell v. National Bank of CommerceColorado Court of Appeals · 1903
  4. Stratton v. Beaver Farmers' Canal & Ditch Co.Supreme Court of Colorado · 1927
  5. Greek Catholic Church of the Transfiguration of Christ v. HunauSupreme Court of Colorado · 1923

3 more not listed; retrieve them via the Exa API.

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