Evans v. Welch
Supreme Court of Colorado
Error to the District Court of Arapahoe County. At the trial of this action for the 'recovery of possession of real estate brought by the heirs of John Evans, deceased, as plaintiffs, against Mary Welch, claiming to own the same, and Harry E. Maxville, her tenant, the judgment was in favor of defendants. After the writ of error was sued out from this court to review that judgment, Mary Welch died, and her heirs have been substituted as defendants in error.
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Error to the District Court of Arapahoe County. At the trial of this action for the 'recovery of possession of real estate brought by the heirs of John Evans, deceased, as plaintiffs, against Mary Welch, claiming to own the same, and Harry E. Maxville, her tenant, the judgment was in favor of defendants. After the writ of error was sued out from this court to review that judgment, Mary Welch died, and her heirs have been substituted as defendants in error. The questions for decisionare purely legal, there being no material conflict in the evidence. The record discloses that prior to the year…
1Opinion of the CourtChief Justice Campbell
(after the foregoing statement of facts) delivered the opinion of the court.
The legal title of the land in dispute standing in the name of John Evans upon the records and this fact being shown to the court, his heirs, as -plaintiffs, were entitled to judgment unless the defendants showed that such title was extinguished. This they attempted to do under two separate and distinct defenses: first, that there was a dedication by John Evans of out-lot 5 to the city of Denver as public property; second, that plaintiffs are not entitled to maintain their action because possession of the premises had…
2Cases cited1 opinion
- Ryan v. SchwartzWisconsin Supreme Court · 1896
3Cited by28 opinions
- Trueblood v. PierceSupreme Court of Colorado · 1947
- Gerner v. SullivanSupreme Court of Colorado · 1989
- Lovejoy v. School Dist. No. 46 of Sedgwick CountySupreme Court of Colorado · 1954
- Horne v. HopperSupreme Court of Colorado · 1922
- Raftopoulos v. MongerSupreme Court of Colorado · 1983
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