Howell v. Killie
Supreme Court of Colorado
Appeal from District Court of Jefferson County. This was an action by Isaac L. Killie, plaintiff below, to recover from Cason Howell, defendant below, possession of certain land. The cause which under our former practice would have been denominated an action of ejectment, was tried upon an agreed statement of facts, the substance of which sufficiently appears in the opinion. The finding and judgment of the district court was in favor of the plaintiff.
Read the full summary
Appeal from District Court of Jefferson County. This was an action by Isaac L. Killie, plaintiff below, to recover from Cason Howell, defendant below, possession of certain land. The cause which under our former practice would have been denominated an action of ejectment, was tried upon an agreed statement of facts, the substance of which sufficiently appears in the opinion. The finding and judgment of the district court was in favor of the plaintiff. The defendant brings this appeal.
1Opinion of the CourtJustice Elliott
The land in controversy in this action was originally a part of the public domain of the United States. From the agreed statement of facts upon which the cause was determined below, it appears that before the commencement of this action the United States had executed and delivered to the Denver Pacific Railway and Telegraph Company a patent to the land, and that the plaintiff Killie through sundry mesne conveyances had succeeded to whatever title passed to the patentee of the government.
It is expressly admitted in argument by counsel for the defendant Howell that the judgment of the district…
2Cases cited9 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Doolan v. CarrSupreme Court of the United States · 1887
- Lee v. JohnsonSupreme Court of the United States · 1885
- County of Schuyler v. ThomasSupreme Court of the United States · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Edwards v. RobertsColorado Court of Appeals · 1914
- Edwards v. RobertsColorado Court of Appeals · 1914
- Denver & Rio Grande R. R. v. HanoumSupreme Court of Colorado · 1893