Schlageter v. Gude
Supreme Court of Colorado
Error to the District Court of Lake County, Defendant in error, as plaintiff, brought an action in the court below against plaintiff in error, as defendant, to quiet title, to a lot. In ber complaint sbe alleged, in substance, that she was the owner and in possession of the premises in question, and that the defendant claimed an estate or interest therein adverse to her, but had none. The defendant answered, admitting the possession of plaintiff, and set up title in himself.
Read the full summary
Error to the District Court of Lake County, Defendant in error, as plaintiff, brought an action in the court below against plaintiff in error, as defendant, to quiet title, to a lot. In ber complaint sbe alleged, in substance, that she was the owner and in possession of the premises in question, and that the defendant claimed an estate or interest therein adverse to her, but had none. The defendant answered, admitting the possession of plaintiff, and set up title in himself. To this answer plaintiff filed a replication which, so far as necessary to notice, averred, in substance, that she and…
1Opinion of the CourtJustice Gabbert
The main questions presented by counsel for defendant can be determined by a discussion of the following propositions: (1) Does the complaint state a cause of action? (2) Did the court err in overruling the motion to strike the replication? (3) Should the objection to the introduction of plaintiff’s testimony have been sustained? (4) Did plaintiff establish a color of title based upon conveyances ?
1. In an action to quiet title it is sufficient to allege, substantially, in the complaint that the plaintiff is the owner and in possession of the premises the title to which is sought to be…
2Cases cited13 opinions
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Wall v. MagnesSupreme Court of Colorado · 1892
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
- De Foresta v. GastSupreme Court of Colorado · 1894
- Rough v. SimmonsCalifornia Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mitchell v. TitusSupreme Court of Colorado · 1905
- Hammitt v. Virginia Mining Co.Idaho Supreme Court · 1919
- Whitehead v. CallahanSupreme Court of Colorado · 1908
- Foot v. BurrSupreme Court of Colorado · 1907
- Keener v. WilkinsonSupreme Court of Colorado · 1905
15 more not listed; retrieve them via the Exa API.