Breen v. Richardson
Supreme Court of Colorado
Appeal from District Court of San Juan County. Morrison & Charist were copartners. Morrison died, and Charist, the surviving partner, to secure a debt of the firm, gave a, trust deed upon certain real estate owned by them in the town of Silverton. Upon breach of the conditions of the trust deed the land was sold by the trustee, and the appellant Breen became the purchaser and was in possession.
Read the full summary
Appeal from District Court of San Juan County. Morrison & Charist were copartners. Morrison died, and Charist, the surviving partner, to secure a debt of the firm, gave a, trust deed upon certain real estate owned by them in the town of Silverton. Upon breach of the conditions of the trust deed the land was sold by the trustee, and the appellant Breen became the purchaser and was in possession. The appellees, as heirs at law of Morrison, brought suit to recover the undivided one-half interest in the land in controversy, and obtained judgment in the court below. To reverse that judgment Breen…
1Opinion of the Court
Beck; O. J.
It sufficiently appears from the transcript that an appeal was allowed from the judgment of the court on the same day on which the finding and judgment were announced. It also appears that the appellant complied with the terms imposed by the court, and that the appeal was perfected within the time prescribed by the court in the order allowing the appeal.
It is objected that no exception was reserved by the *607appellant to the judgment below, which, in case of a trial to the court without a jury, has repeatedly been held by this court to be necessary to authorize a review of the…
2Cases cited1 opinion
- Shanks v. KleinSupreme Court of the United States · 1881
3Cited by11 opinions
- Goodale v. MurraySupreme Court of Iowa · 1940
- State ex rel. Richardson v. HendersonWyoming Supreme Court · 1894
- Burnell v. WachtelColorado Court of Appeals · 1894
- Rudolph v. SmithColorado Court of Appeals · 1903
- Farncomb v. SternSupreme Court of Colorado · 1893
6 more not listed; retrieve them via the Exa API.