Legal Opinion

Butsch v. Smith

Supreme Court of Colorado

Decided April 15, 1907No. 4820PublishedCited by 21 opinions

Appeal from the District Court of Boulder County. Hon. Christian A. Bennett, Judge. Action by McLane Smith against . Della M. Butsch. From a judgment for plaintiff, defendant appeals, and plaintiff assigns cross-errors.

1Opinion of the CourtJustice Campbell

This is an action to have a deed to lands, absolute on its face, adjudged a mortgage. Upon controverted issues of fact, the court submitted to a jury special interrogatories for its answers, which were in favor of the plaintiff, and afterwards, against defendant’s objections, these findings were approved by the court and formed the basis of its decree that the instrument was a mortgage. From the final decree, made after the approval of the report of the referee who had been appointed to take an accounting, the defendant appealed to this court, and plaintiff has assigned cross-errors.

The rule…

2Cases cited7 opinions

  1. Perot v. CooperSupreme Court of Colorado · 1891
  2. Bohm v. BohmSupreme Court of Colorado · 1885
  3. Whitsett v. KershowSupreme Court of Colorado · 1878
  4. Davis v. HopkinsSupreme Court of Colorado · 1893
  5. Armor v. SpaldingSupreme Court of Colorado · 1890

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. City & County of Denver v. LyttleSupreme Court of Colorado · 1940
  2. City and County of Denver v. HinseySupreme Court of Colorado · 1972
  3. Davis v. PurselSupreme Court of Colorado · 1913
  4. Hoover v. ShottSupreme Court of Colorado · 1920
  5. Baird v. BairdSupreme Court of Colorado · 1910

16 more not listed; retrieve them via the Exa API.

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