Legal Opinion

Brereton v. Benedict

Supreme Court of Colorado

Decided September 15, 1907No. 5450; No. 3120 C. APublishedCited by 6 opinions

Appeal from the District Court of the City and County of Denver. Hon. Booth M. Malone, Judge. Action for an injunction by Carrie F, Brereton against Mitchell Benedict. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtJustice Caswell

Complaint in this case, as filed in the district court of the city and county of Denver, alleges, in substance, that in 1890 the plaintiff borrowed twenty-five hundred dollars ($2,500.00) from one C. A. Secor, upon a promissory note, payable five years after the date thereof, which was secured by a trust deed of even date upon the property described in said deed, in which Mary L. Cousins was named as trustee and Mitchell Benedict successor in trust; that on about the 21st day of January, 1904, the trustee having resigned and refused to act, the successor in trust, Mitchell Benedict,…

2Cases cited5 opinions

  1. Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
  2. Farmers' Loan & Trust Co. v. Denver, L. & G. R.Court of Appeals for the Eighth Circuit · 1903
  3. Hayes v. FreyWisconsin Supreme Court · 1882
  4. Menzel v. Hinton.Supreme Court of North Carolina · 1903
  5. Hall v. BartlettNew York Supreme Court · 1850

3Cited by6 opinions

  1. National Tailoring Co. v. ScottWyoming Supreme Court · 1948
  2. Folda Real Estate Co. v. JacobsenSupreme Court of Colorado · 1924
  3. Estate of Ramsey v. State Dept. of Rev.Colorado Court of Appeals · 1979
  4. Walters v. WebsterSupreme Court of Colorado · 1912
  5. Wyatt v. BurnettSupreme Court of Colorado · 1934

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