Evans v. Young
Supreme Court of Colorado
Appeal from, District Court, Arapahoe County. This action was commenced in the county court of Arapahoe county, by appellees, Young & Savin, against the Denver Natatorium & Physical Culture Association, the Colorado Mortgage & Investment Company, James H. Jones, and appellant John Evans. The complaint was filed April 1, 1882. All the defendants were duly served with summons.
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Appeal from, District Court, Arapahoe County. This action was commenced in the county court of Arapahoe county, by appellees, Young & Savin, against the Denver Natatorium & Physical Culture Association, the Colorado Mortgage & Investment Company, James H. Jones, and appellant John Evans. The complaint was filed April 1, 1882. All the defendants were duly served with summons. The complaint was upon an account of $540, for building materials sold and delivered to the said natatorium association about the last of August, 1881, for and used in the building then being erected by the said…
1Opinion of the Court
Stallcup, C.
Counsel for appellant in their argument have arranged the errors assigned under three heads, and have accordingly presented the same for consideration.
1. It is argued that the lessee cannot bind the estate of the lessor with a lien. This proposition may be conceded; but when the lessor, being the owner of the entire estate, subject only to the lease, buys the said leasehold estate, and thereby becomes vested with the entire estate, and possession and control thereof, he does not thereby remove the incumbrance of a third party upon the estate so purchased. By so uniting the two…
Also in this document: Per curiam.
2Cases cited2 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Kœnig v. MuellerSupreme Court of Missouri · 1866
3Cited by7 opinions
- State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
- Hoag v. JeffersIndiana Supreme Court · 1928
- Harris v. Spurrier Lbr. Co.Supreme Court of Oklahoma · 1928
- Davis v. PeckColorado Court of Appeals · 1898
- Russell v. HoustonTennessee Supreme Court · 1905
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