Binkley v. Switzer

Plaintiff in error brought a suit against defendant in error seeking thereby to be adjudged owner of a two-fifths interest in certain realty claimed and held by the defendant. The circumstances under which the cause arose are fully set forth in Binkley v. Switzer, 69 Colo. 176, 192 Pac. 500. On the second trial the court found for the defendant and entered judgment accordingly. The plaintiff brings error.

The trial court held that the defendant was entitled to the land under the seven-year statute of limitation under color of title; the will of one Weston, under which both parties claimed,…