Adams v. Warren
Supreme Court of Colorado
jError to the District Court of Arapahoe County. This action was originally commenced by plaintiff in error against defendants in error to establish a trust in certain real estate, which had descended to them as the heirs of John W. Iliff, deceased.
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jError to the District Court of Arapahoe County. This action was originally commenced by plaintiff in error against defendants in error to establish a trust in certain real estate, which had descended to them as the heirs of John W. Iliff, deceased. From a judgment in his favor, defendants in error appealed to this court, where the judgment was affirmed, but the cause remanded with directions to take an account of the amount of the taxes paid by the deceased and defendants in error, .and that the repayment of the same should be made a condition precedent to the divestiture of title. Warren v.…
1Opinion of the CourtJustice Gabbert
Counsel for plaintiff contend that he is entitled to establish his counterclaim against the estate of deceased, and incidentally, as a personal obligation of defendants, to the extent that they may have received property as the heirs of deceased, for the reason that such property to a value sufficient to satisfy his claim, is held by them in trust for that purpose. Defendants having been defeated in their contention that the land in question was their absolute property, were entitled to be repaid the taxes paid thereon by the deceased and themselves. When the cause was remanded they *296asserted…
2Cases cited1 opinion
- Holliday v. Franklin BankOhio Supreme Court · 1847
3Cited by2 opinions
- Stuart v. Colorado Eastern RailroadSupreme Court of Colorado · 1916
- People ex. rel. Warren v. CarpenterSupreme Court of Colorado · 1902