Florence Oil & Refining Co. v. McCandless
Supreme Court of Colorado
Appeal from the District Court of Fremont County. On October 26, 1889, the Florence Oil & Refining Company purchased of James A. McCandless several parcels of land, in the vicinity of the town of Florence, at the agreed price of $24,895, payable in monthly installments. Four warranty deeds conveying the- land were placed in escrow with the First National Bank of Pueblo, to be delivered to the company upon full payment of the stipulated price.
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Appeal from the District Court of Fremont County. On October 26, 1889, the Florence Oil & Refining Company purchased of James A. McCandless several parcels of land, in the vicinity of the town of Florence, at the agreed price of $24,895, payable in monthly installments. Four warranty deeds conveying the- land were placed in escrow with the First National Bank of Pueblo, to be delivered to the company upon full payment of the stipulated price. The company at once entered into, and still holds, possession of the property. It made the monthly payments in conformity with the agreement down to and…
1Opinion of the CourtJustice Goddard
The question presented for our determination is whether, under the facts as presented by the record in this case, the *537appellee is entitled to maintain this action; in other words, whether the appellant, the Florence Oil & Refining Company, being in possession and enjoyment of the land in controversy, can continue therein and refuse to pay the balance of the purchase price because of the incumbrance caused by the existence of the judgment lien, and because of the platting and laying out of a portion in town lots, and the alleged dedication of a part to the public use as a street and alley. It…
2Cases cited5 opinions
- Foley v. CrowCourt of Appeals of Maryland · 1872
- McIndoe v. MormanWisconsin Supreme Court · 1870
- Wiley v. HowardIndiana Supreme Court · 1860
- Jolly v. SingleWisconsin Supreme Court · 1862
- Woodman v. FreemanSupreme Judicial Court of Maine · 1846
3Cited by6 opinions
- Ponder v. Altura Farms Co.Supreme Court of Colorado · 1914
- Murdock v. PopeSupreme Court of Colorado · 1964
- Rule v. LinkSupreme Court of Colorado · 1928
- City of Victor v. CarbisSupreme Court of Colorado · 1915
- Mullen v. BromleyColorado Court of Appeals · 1912
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