Machette v. Wanless
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. This is the second appeal in this cause, the first being reported in 1 Colorado, 225. The writ was in the detinet against Charles C. Machette and Joseph Zollinger, for three hundred bushels wheat, ninety bushels oats, twenty bushels barley, of the value of $1,200. In the declaration there was a count in replevin and in trover.
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Appeal from District Court, Arapahoe County. This is the second appeal in this cause, the first being reported in 1 Colorado, 225. The writ was in the detinet against Charles C. Machette and Joseph Zollinger, for three hundred bushels wheat, ninety bushels oats, twenty bushels barley, of the value of $1,200. In the declaration there was a count in replevin and in trover. To the count in replevin, the defendants pleaded first, non detinet; second, property in the defendant, Machette ; to the count in trover, not guilty. At the trial the plaintiff gave evidence tending to prove that in the year…
1Opinion of the CourtHallett, C. J.
It appears that one Goff executed to each of these parties a mortgage upon one-half of the crop growing on appellee’s farm, and that appellant first obtained possession of the mortgaged property. Appellee brought this action to recover the possession, relying upon evidence to show that appellant’s mortgage was given without consideration, and with intent to embarrass him in the collection of his debt. There was plenary proof that appellee’ s mortgage was given to secure a debt due from Goff to him, and the mortgage was regarded as being good against Goff alone, apparently upon the ground that…
2Cases cited1 opinion
- Howard v. McDonaldIllinois Supreme Court · 1867
3Cited by12 opinions
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- Collette v. SarrasinCalifornia Supreme Court · 1920
- Isabella Gold Mining Co. v. GlennSupreme Court of Colorado · 1906
- Johnson v. Bailey & AllenSupreme Court of Colorado · 1891
- Kirchner v. SmithWest Virginia Supreme Court · 1907
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