Eckles v. Booco
Supreme Court of Colorado
Appeal from Lake County Court. This action was commenced by the appellee, Isaac S. Booco, against the appellant, R. A. Eckles, March 29, 1884, before a justice of the peace of Lake county, upon a complaint for the wrongful detention of certain real estate. Judgment was given for the appellee. Appeal was taken to the county court, and judgment for restitution of the premises was again given for the appellee, from which appeal was taken to this court.
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Appeal from Lake County Court. This action was commenced by the appellee, Isaac S. Booco, against the appellant, R. A. Eckles, March 29, 1884, before a justice of the peace of Lake county, upon a complaint for the wrongful detention of certain real estate. Judgment was given for the appellee. Appeal was taken to the county court, and judgment for restitution of the premises was again given for the appellee, from which appeal was taken to this court. On the agreed statement of the evidence on the trial in the county court, which is embodied in the bill of exceptions, it appears that the United…
1Opinion of the Court
Stallcup, C.
The evidence ’offered to show right in the premises in the wife, Margaret Ecldes, was properly rejected. The appellant, Eckles, being the lessee of Booco, the appellee, was not in a position to deny right and title in Booco, nor to set up an outstanding title in another. Tayl. Landl. & Ten. (6th ed.) § 705. There is no claim or pretense that the lessor obtained the lease contract from the lessee unfairly or fraudulently. Nonpayment of rent, demand therefor, and for possession, were conceded; so that under section 1491, General Statutes, the appellant was wrongfully holding the…
Also in this document: Per curiam.
2Cited by1 opinion
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