Grimes v. Hill
Supreme Court of Colorado
Error to Superior Gourt of Denver. "William E. Grimes, plaintiff below, brought suit against Zeph T. Hill, alleging that Hill had wrongfully taken and converted to his own use a large amount of personal property (merchandise) belonging to, plaintiff.
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Error to Superior Gourt of Denver. "William E. Grimes, plaintiff below, brought suit against Zeph T. Hill, alleging that Hill had wrongfully taken and converted to his own use a large amount of personal property (merchandise) belonging to, plaintiff. The defense relied on at the trial was to the effect that defendant, Hill, as United States marshal, seized the property in execution of a valid judgment in the United States court against one Brasher; and that whatever title Grimes had to the property was obtained by a fraudulent conveyance to him by Brasher, and so was void as against creditors…
1Opinion of the Court
Mk. Justice Elliott
delivered the opinion of the court.
The plaintiff acquired the property in controversy hy a conveyance from one Brasher. Under the issues the burden of showing that the plaintiff’s title was fraudulent and void as to the creditors of the vendor rested upon the defendant. To sustain this burden, Erank Grimes was called, and testified to certain statements made to him by one Joseph Williams, as the representative of the vendor, concerning the purposes of the proposed sale. In rebuttal, the plaintiff called said Williams, and by him, as a witness, offered to contradict the…
2Cases cited2 opinions
- Gilpin v. GilpinSupreme Court of Colorado · 1889
- Mitchell v. SellmanCourt of Appeals of Maryland · 1853
3Cited by14 opinions
- Helm v. BrewsterSupreme Court of Colorado · 1908
- Clark v. GiacominiSupreme Court of Colorado · 1929
- Marsh v. CramerSupreme Court of Colorado · 1891
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
- People v. HendersonColorado Court of Appeals · 1976
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