Johnson v. Kountze
Supreme Court of Colorado
Appeal from the District Court of Fremont County. On the 24th day of December, 1890, the appellees commenced an action in the district court of Fremont county against The Denver & Rio Grande Railroad Company and .several others, to quiet title to a certain tract of land, predicating their right to such relief upon the following facts, to wit: That in the year 1883 John H. Terry, the owner of said .tract of land, conveyed the same to The Denver & Rio Grande Railroad Company…
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Appeal from the District Court of Fremont County. On the 24th day of December, 1890, the appellees commenced an action in the district court of Fremont county against The Denver & Rio Grande Railroad Company and .several others, to quiet title to a certain tract of land, predicating their right to such relief upon the following facts, to wit: That in the year 1883 John H. Terry, the owner of said .tract of land, conveyed the same to The Denver & Rio Grande Railroad Company for the purpose of building and operating its line of railroad over and upon the same, with the express provision and…
1Opinion of the CourtJustice Goddard
The important and essential question of fact in controversy before the trial court, and upon the maintenance of which the right of the intervenor to the relief sought necessarily depends, was whether the tract of land in dispute was included with the ten acres in his purchase from Terry, and the existence of the verbal contract between them, in pursuance of which he alleges the land was conveyed to the Rail *489road Company for his nse and benefit. Upon this question there were but two witnesses, the intervenor Johnson and John H, Terry. Johnson testified that he purchased from Terry eleven and…
2Cases cited5 opinions
- Green v. TaneySupreme Court of Colorado · 1883
- Kinney v. WoodSupreme Court of Colorado · 1887
- Dickson v. MoffatSupreme Court of Colorado · 1879
- Barker v. HawleySupreme Court of Colorado · 1878
- Ziegler v. ColeSupreme Court of Colorado · 1890
3Cited by4 opinions
- Rambo v. ArmstrongSupreme Court of Colorado · 1909
- Denver Auto Goods Co. v. Peerless Radiator Co.Supreme Court of Colorado · 1917
- Eskridge v. AveryColorado Court of Appeals · 1899
- Eskridge v. AveryColorado Court of Appeals · 1899