Francis v. Wells
Supreme Court of Colorado
Appeal from District Court, Clear Creek County. The bill was exhibited against Gasper S. Francis, George McFarland, George Way, Erskine McClellan and Chas. R. Fish. If the statement of the case in the opinion of the court is regarded as insufficient, the allegations of the bill will be found fully set forth in the dissenting opinion. The bill was filed September 8, 1873, and an injunction was issued restraining Way from conveying to Francis.
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Appeal from District Court, Clear Creek County. The bill was exhibited against Gasper S. Francis, George McFarland, George Way, Erskine McClellan and Chas. R. Fish. If the statement of the case in the opinion of the court is regarded as insufficient, the allegations of the bill will be found fully set forth in the dissenting opinion. The bill was filed September 8, 1873, and an injunction was issued restraining Way from conveying to Francis. Afterward complainant consented that the deed should be delivered, reserving the right to enforce a lien against the premises. The court decreed that…
1DissentStone, J.
The bill charges that in July, 1870, one George Way was the owner of some right, estate or interest in a certain water power and mill site, together with the mill buildings, machinery, fixtures and appurtenances, one storehouse, two dwelling-houses, and one office in Masonville Lower Mining District, Clear Creek county, Colorado. That he was desirous to sell the same, and authorized the complainant to negotiate a sale thereof under an agreement that all the purchase-money in excess of $3,000 cash, or $3,000 payable in one year from time of sale, at ten per cent interest per annum, should be…
2Cases cited2 opinions
- Johnson v. JacksonMississippi Supreme Court · 1854
- Ireland v. BerrymanCourt of Appeals of Kentucky · 1867