City of Denver v. Kent
Supreme Court of Colorado
Appeal from, District Court, Arapahoe County. The bill was filed by the city of Denver, as trustee for the use of common schools, against Omer O. Kent, probate judge, and a large number of persons, who, it was alleged, had obtained title to lots in the city of Denver. The several acts of congress and of the legislative assembly, relating to the matter of town sites, were referred to in the bill.
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Appeal from, District Court, Arapahoe County. The bill was filed by the city of Denver, as trustee for the use of common schools, against Omer O. Kent, probate judge, and a large number of persons, who, it was alleged, had obtained title to lots in the city of Denver. The several acts of congress and of the legislative assembly, relating to the matter of town sites, were referred to in the bill. It was alleged that James Hall was probate judge of the county of Arapahoe when the act of congress of 1864 was passed, and that he entered the lands mentioned in that act with the funds of the city…
1Opinion of the CourtBelford, J.
The bill in this case was filed by the city of Denver, as trustee for the use of the common schools, *339etc., against Omer O. Kent and others, to set aside and cancel a'large number of deeds made by different probate judges to various persons. Separate demurrers were filed, assigning as grounds of demurrer :
First, that the complainant had no right to maintain the suit; and secondly, that the bill was multifarious. The demurrers were sustained, and this action of the court constitutes the error complained of.
The bill alleges that in 1865, James Hall, being probade judge of Arapahoe county, under…
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