Gillett v. Gaffney
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Jairus Richardson and Hawley H. Gillett were copartners doing business in the city of Denver, from 1860 to the 29th of January, 1865. The premises' occupied by them during this term are the premises in controversy, and were possessed and occupied by the firm under title from the Denver Town Company, the fee being in the United States.
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Appeal from District Court of Arapahoe County. Jairus Richardson and Hawley H. Gillett were copartners doing business in the city of Denver, from 1860 to the 29th of January, 1865. The premises' occupied by them during this term are the premises in controversy, and were possessed and occupied by the firm under title from the Denver Town Company, the fee being in the United States. On the 29th of January, 1865, Richardson died leaving Maria E., his widow (now Maria E. Gaffney), and three minor children, his heirs, who are the complainants in this suit. After the death of Richardson, Hawley H.…
1Opinion of the Court
Elbert J.
The bill in this case seeks the declaration of a resulting trust and an account of rents and profits.
*355Whatever may have been the intention of the pleader, the bill will not admit a broader decree.
Jairas Richardson died in January, 1865, leaving the complainants as his heirs at law. Prior to, and at the time of his demise, he was the copartner of Hawley H. Gillett, whose administrator, widow and heirs are defendants.' They pursued their partnership business in shops erected on the premises in controversy, which they occupied as tenants in common, under purchase and conveyance from one…
2Cases cited4 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
- Coy v. CoySupreme Court of Minnesota · 1870
- Hale & Norcross Gold & Silver Mining Co. v. Storey CountyNevada Supreme Court · 1865
3Cited by28 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Board of County Commissioners v. Vail Associates, Inc.Supreme Court of Colorado · 2001
- Roby v. ColehourIllinois Supreme Court · 1890
- Board of County Commissioners v. Park County Sportsmen's Ranch, LLPSupreme Court of Colorado · 2002
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
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