Wright v. Whittick
Supreme Court of Colorado
Appeal from, the County Court of Boulder County. Action to recover possession of real estate. Appellee Whittick was plaintiff below. Wright and wife were defendants. Plaintiff claimed title to the premises by virtue of a trustee’s deed, based upon the foreclosure of a trust deed purporting to have been executed by defendants. Plaintiff further claimed title by virtue of a quitclaim deed executed by Mr. Wright alone.
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Appeal from, the County Court of Boulder County. Action to recover possession of real estate. Appellee Whittick was plaintiff below. Wright and wife were defendants. Plaintiff claimed title to the premises by virtue of a trustee’s deed, based upon the foreclosure of a trust deed purporting to have been executed by defendants. Plaintiff further claimed title by virtue of a quitclaim deed executed by Mr. Wright alone. The defendants claimed that the real estate was their “homestead,” and that the trust deed was not executed in such manner as to divest the wife’s interest in such homestead. The…
1Opinion of the CourtJustice Elliott
The facts in this case are undisputed. The only assignment of error is to the effect that the judgment is contrary to the law and the evidence.
By the briefs of counsel several very important questions are presented. In behalf of appellants the court is asked to construe the term mortgage in section 6 of the Homestead Act to include deeds of trust to secure the payment of debts; also, to construe said section 6 to mean that, even when the title to the homestead is in the husband, it is necessary for the wife to join with the husband in the execution of a mortgage of such homestead, in the…
2Cases cited3 opinions
- Barnett v. KnightSupreme Court of Colorado · 1884
- Drake v. RootSupreme Court of Colorado · 1875
- Martin v. BondSupreme Court of Colorado · 1890
3Cited by10 opinions
- Mansfield v. HillOregon Supreme Court · 1910
- Maloy Et Ux. v. Wm. Cameron Co.Supreme Court of Oklahoma · 1911
- Helkey v. AshleySupreme Court of Colorado · 1945
- Chapin Lumber Co. v. DaySupreme Court of Colorado · 1940
- In Re PruittCourt of Appeals for the Tenth Circuit · 1987
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