Walker v. Pogue
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County. Appellant was plaintiff below. The suit was brought for equitable relief on the following facts alleged in the complaint :— That on September 8, 1883,- plaintiff was the owner of certain lots in the city of Denver and in possession of them, and at the time of bringing suit was still in possession, never having resigned it. That the defendants claim an estate or interest in the property adverse to plaintiff.
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Appeal from the District Court of Arapahoe County. Appellant was plaintiff below. The suit was brought for equitable relief on the following facts alleged in the complaint :— That on September 8, 1883,- plaintiff was the owner of certain lots in the city of Denver and in possession of them, and at the time of bringing suit was still in possession, never having resigned it. That the defendants claim an estate or interest in the property adverse to plaintiff. That the defendants have no right, title or interest whatever in the property. That on the 3d day of September, 1883, Pogue represented…
1Opinion of the Court
Reed, J.,
after stating the facts delivered the opinion of the court.
Two questions are presented for determination.
First. — Does the complaint state facts sufficient to constitute a cause of action ?
Second. — Was the suit barred by the statute of limitations ?
Preliminary to the discussion of either question it appears necessary to determine the character of the suit. Appellant at the outset declares it to be one brought under chap. 22, Code of 1887, of Actions to Quiet Title, and the brief and argument are based upon that supposition. Appellees regard it as a suit to rescind a contract because…
2Cases cited4 opinions
- Carpentier v. City of OaklandCalifornia Supreme Court · 1866
- Bohm v. BohmSupreme Court of Colorado · 1885
- Pipe v. SmithSupreme Court of Colorado · 1879
- Bradbury v. DavisSupreme Court of Colorado · 1880
3Cited by7 opinions
- Lambert v. MurraySupreme Court of Colorado · 1911
- Littlejohn v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Colorado · 1933
- Italian-American Bank v. LeporeSupreme Court of Colorado · 1926
- Reynolds v. CamplingSupreme Court of Colorado · 1896
- Venner v. Denver Union Water Co.Colorado Court of Appeals · 1900
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