Doss v. Craig
Supreme Court of Colorado
Error to Probate Court, Pueblo County. The information was filed by Craig in the probate court of Huerfano county and thence removed to Pueblo county by change of venue.
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Error to Probate Court, Pueblo County. The information was filed by Craig in the probate court of Huerfano county and thence removed to Pueblo county by change of venue. Complainant alleged that he was the owner of certain agricultural lands in the county of Huerfano, and that he was in possession of them on the 1st day of February, 1866, at which time he let and demised the same to plaintiff in error for and during the period and term of one growing season or year, which period and term expired on the 1st February, 1867. He further alleged that plaintiff in error held over and detained the…
1Opinion of the CourtEyster, J.
(after stating the facts). In order to maintain a suit under the act it is absolutely, and essentially necessary that the plaintiff shall have first made a demand in writing for the delivery of the premises in question. Until this is done he can have no relief under the statute. This being the law, it was the duty of the plaintiff, if such demand was *179made, to set it out in Ms petition as a substantial fact, as required in section 11 of the act. He does not make any suck averment in Ms petition, and of it the defendant complains. It was contended by the defendant in error that the defendant’s…
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