Tourtelotte v. Brown
Colorado Court of Appeals
Error to the District Court of Arapahoe County. This case was formerly before this court. All the questions and issues involved were settled except one. It was alleged in the answer that the note in controversy was a forgery, was not executed by Francina Hawkins. Issue was taken and the defense relied upon. A large amount of evidence was introduced in an attempt to establish the forgery. No finding as to the question of forgery was made by the jury.
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Error to the District Court of Arapahoe County. This case was formerly before this court. All the questions and issues involved were settled except one. It was alleged in the answer that the note in controversy was a forgery, was not executed by Francina Hawkins. Issue was taken and the defense relied upon. A large amount of evidence was introduced in an attempt to establish the forgery. No finding as to the question of forgery was made by the jury. The court submitted to the jury the following question for a special finding: “Was the name of Francina Hawkins at the end of the note forged ? ”…
1Opinion of the CourtReed, J.
A brief statement in regard to the subject-matter of the controversy and relation of the interested parties will suffice to explain this case. In July, 1887, Mrs. Francina Hawkins *379was an aged widow of over 70 years, possessed of considerable property, — the amount is not shown. Her heirs were her daughters Maggie A., wife of Nathan S. Hurd, and Nancy the wife of H. A. E. Pickard, both of mature age. There was also one A. E. Mausfield, whom, though he does not appear to have been legally adopted, was raised by the Hawkins from an infant, and was recognized as, or claimed to be, one of the…
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