Struby-Estabrook Mercantile Co. v. Davis
Supreme Court of Colorado
Brror to the District Court of Boulder County. Plaintiff in error, The Struby-Estabrook Mercantile Company, a corporation, on January 28, 1889, obtained a judgment in the district court of Arapahoe county against defendant in error, George F. Davis. On the same day an execution was issued upon this judgment and placed in the hands of plaintiff in error, Hansbrough, who was then sheriff of Boulder county, for execution.
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Brror to the District Court of Boulder County. Plaintiff in error, The Struby-Estabrook Mercantile Company, a corporation, on January 28, 1889, obtained a judgment in the district court of Arapahoe county against defendant in error, George F. Davis. On the same day an execution was issued upon this judgment and placed in the hands of plaintiff in error, Hansbrough, who was then sheriff of Boulder county, for execution. This execution was levied upon certain real estate standing upon the records in the name of defendant in error, and also upon certain ditch stock of which he was the owner. The…
1Opinion of the CourtChief Justice Hayt
The following questions are presented by this record:
First. 'Are lands entered únder the United States homestead acts liable to the satisfaction of debts contracted by the homestead claimant between the date of the final certificate and the date of the patent?
Second. Is the capital stock of a ditch company exempt from levy and sale where the ditch is used to convey water to land entered under the homestead act ?
The first of these questions is not free from doubt. The debt having been contracted prior to the actual issuance of the patent, the exemption is claimed by the literal terms of the…
2Cases cited11 opinions
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Conway v. JohnSupreme Court of Colorado · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- Saybe v. SageSupreme Court of Colorado · 1910
- Weare v. JohnsonSupreme Court of Colorado · 1894
- Wallowa National Bank v. RileyOregon Supreme Court · 1896
- Ruddy v. RossiIdaho Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.