Whitsett v. Kershow
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. THrs was a suit in equity brought by Richard E. Whit-sett, the appellant, against Elizabeth M. Kershow and John N. and John S. Filmore, the appellees, heirs at law of John S. Filmore, deceased, praying a conveyance by them to him of certain real estate in the city of Denver.
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Appeal from District Court of Arapahoe County. THrs was a suit in equity brought by Richard E. Whit-sett, the appellant, against Elizabeth M. Kershow and John N. and John S. Filmore, the appellees, heirs at law of John S. Filmore, deceased, praying a conveyance by them to him of certain real estate in the city of Denver. The bill substantially. shows: That in August, 1861, the complainant was appointed by the governor of the Territory of Colorado adjutant-general.; that he performed the duties about nine or ten months; that about the same time the governor also appointed John S. Filmore…
1Opinion of the CourtStone, J.
Notwithstanding the great contrariety of decisions upon the subject, it 'may be considered as well settled that upon proper proofs of intent of the parties, a court of chancery may decree that a conveyance absolute in form is to have the force and effect of a mortgage or trust. 2 Lead. Cas. Eq. 1013; Bispham’s Eq., §155; 2 Wash. Real Prop. (4th ed.) 49; Lindaur v. Cummings, Ex'r, 57 Ill. 195. But it is equally well settled that where it is sought as against a deed, absolute in terms, to establish a trust by parol evidence alone, in order to take the case out of the statute of frauds, the…
2Cases cited8 opinions
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
- Steere v. HoaglandIllinois Supreme Court · 1866
- Green v. DrummondCourt of Appeals of Maryland · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Empire Ranch & Cattle Co. v. ColdrenSupreme Court of Colorado · 1911
- Perot v. CooperSupreme Court of Colorado · 1891
- Davis v. PurselSupreme Court of Colorado · 1913
- Butsch v. SmithSupreme Court of Colorado · 1907
- Baird v. BairdSupreme Court of Colorado · 1910
19 more not listed; retrieve them via the Exa API.