McClure v. Smith
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Suits were brought by Smith and Clough against Charles B. and H. O. McClure to recover claims for goods sold and delivered. Attachments were issued in these suits, and levied upon certain real estate in the city of Denver. This real estate appears of record in the name of 'Scherrer, and Scherrer duly filed a plea of intervention in each of the suits, claiming a superior right as against the attaching creditors.
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Appeal from District Court of Arapahoe County. Suits were brought by Smith and Clough against Charles B. and H. O. McClure to recover claims for goods sold and delivered. Attachments were issued in these suits, and levied upon certain real estate in the city of Denver. This real estate appears of record in the name of 'Scherrer, and Scherrer duly filed a plea of intervention in each of the suits, claiming a superior right as against the attaching creditors. He averred in these pleas that, although the deed frpm the McClures to himself to the premises was absolute in form, yet it was intended,…
1Opinion of the CourtChief Justice Helm
The present appeal was taken under the act of 1885. No evidence is embraced in the abstract, and therefore a review upon the evidence could not be had. The findings of fact, however, of the court below are properly before us, and, since they are not in any way questioned, will be accepted as conclusive.
By the record as presented, we are advised of the following facts: That McClure Bros., being indebted to Scherrer to a large amount, executed an absolute deed conveying the realty in question to him; that in connection with the giving of this deed, and as a part of the same transaction,…
2Cases cited12 opinions
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- North v. BeldenSupreme Court of Connecticut · 1840
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- Columbia Bank v. JacobsMichigan Supreme Court · 1862
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