McKay v. Fleming

Opinion by

Mr. Justice Teller.

Defendant in error had judgment in an action in the District Court of Gilpin County, and the defendant in that action brings error.

From the record it appears that defendant in error brought suit against Daniel J. McKay, in his lifetime, for the violation of a contract to convey land, in which action defendant McKay had judgment. On appeal the judgment was affirmed. (24 Colo. App. 380). After the death of the defendant in that suit, defendant in error Fleming filed a claim against the estate of said Daniel J. McKay, in the County Court of Gilpin County, in which…