Davis v. Hopkins
Supreme Court of Colorado
Appeal from the District Court of Weld County. The complaint in this action states in substance that on or about March 1, 1885, Lewis A. Hopkins, plaintiff below, purchased from Annie E. Roberts the E. \ of the W. ¶ of the S. E. ¶ of Sec. 34, Tp. 6 N., E. 65 W., together with a ditch known as “ Sand Creek Lateral,” and all her right, title and interest to a share of the water derived therefrom, for the consideration of $375. That he borrowed the purchase money from Joel E.…
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Appeal from the District Court of Weld County. The complaint in this action states in substance that on or about March 1, 1885, Lewis A. Hopkins, plaintiff below, purchased from Annie E. Roberts the E. \ of the W. ¶ of the S. E. ¶ of Sec. 34, Tp. 6 N., E. 65 W., together with a ditch known as “ Sand Creek Lateral,” and all her right, title and interest to a share of the water derived therefrom, for the consideration of $375. That he borrowed the purchase money from Joel E. Davis, defendant below, with the understanding that it should be repaid in about three years. To secure the repayment of…
1Opinion of the CourtJustice Goddard
From the foregoing statement it will be seen that to entitle Hopkins to the relief sought it must appear by proper and sufficient evidence that the verbal agreement alleged was entered into by the parties and that the deed executed by Mrs. Roberts to Davis was in fact a mortgage. Counsel for appellant contend that the court below erred, first, in ad*155mitting certain evidence, and,- second, that taken as a whole the evidence is insufficient to sustain the findings of the court ánd the decree rendered. ■ .The negotiations resulting 'in the sale of the'próperty in controversy were carried on in…
2Cases cited3 opinions
- Perot v. CooperSupreme Court of Colorado · 1891
- Trayer v. ReederSupreme Court of Iowa · 1876
- Webber v. EmmersonSupreme Court of Colorado · 1877
3Cited by14 opinions
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
- Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
- Davis v. PurselSupreme Court of Colorado · 1913
- Butsch v. SmithSupreme Court of Colorado · 1907
- Baird v. BairdSupreme Court of Colorado · 1910
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