Packard v. King
Supreme Court of Colorado
Appeal from District Covert of Jefferson County. The bill, which was filed in this suit on the 9th day of November, 1872, alleges that Yevy Ann King, the appellee and complainant in the court below, in the month of January, 1870, jointly with George P. Packard, the appellant, purchased and received a conveyance of Clemency M. Mcllvoy and Dennis D. Mcllvoy, certain lands situate in Jefferson county, Colorado.
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Appeal from District Covert of Jefferson County. The bill, which was filed in this suit on the 9th day of November, 1872, alleges that Yevy Ann King, the appellee and complainant in the court below, in the month of January, 1870, jointly with George P. Packard, the appellant, purchased and received a conveyance of Clemency M. Mcllvoy and Dennis D. Mcllvoy, certain lands situate in Jefferson county, Colorado. That they were to pay §5,000 for the land, and that at the time of the purchase the complainant paid §2,500, and that the complainant and Packard on the day following executed and…
1Opinion of the CourtElbert, J.
This was a bill in chancery filed by the appellee against the appellant, for the partition of a common estate, and other relief in respect of matters growing out of the common tenancy. The jurisdiction of courts of equity in matters of partition is undoubted, and section 15 of the Partition Act, B. S. 493, expressly provides for its exercise according to the usual practice of such courts.
It was not, therefore, necessary, as is claimed by the appellant, that the bill should be under oath. Section 2 of said act, requiring the petition to be verified, is applicable only to proceedings under the…
2Cases cited4 opinions
- Dean v. O'MearaIllinois Supreme Court · 1868
- Farnsworth v. StraslerIllinois Supreme Court · 1851
- Kinzey v. ThomasIllinois Supreme Court · 1862
- O'Reilly v. MurdochCourt of Appeals of Maryland · 1843
3Cited by6 opinions
- Cree v. LewisSupreme Court of Colorado · 1910
- Carson v. BroadyNebraska Supreme Court · 1898
- Reitze v. HumphreysSupreme Court of Colorado · 1912
- Pope v. ParkerSupreme Court of Colorado · 1928
- Farmers Life Insurance v. Ignacio State BankSupreme Court of Colorado · 1928
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