Phillippi v. Leet
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. The plaintiff below, appellant here, alleges, among other things in her complaint, that she “is the equitable owner and in possession ” of a certain piece of land situated in the northwest quarter of section 1, township 4, south of range 64 west, 19.46 feet wide by 338.58 feet in length; that defendant wrongfully holds the legal title to such land and asserts ownership thereof; prays among other things that defendant be…
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Appeal from, the District Court of Arapahoe County. The plaintiff below, appellant here, alleges, among other things in her complaint, that she “is the equitable owner and in possession ” of a certain piece of land situated in the northwest quarter of section 1, township 4, south of range 64 west, 19.46 feet wide by 338.58 feet in length; that defendant wrongfully holds the legal title to such land and asserts ownership thereof; prays among other things that defendant be decreed to convey the legal title to her. Defendant denies her title and possession ; alleges title in himself, and prays…
1Opinion of the CourtJustice Goddard
It is plainly apparent from the foregoing statement of facts that counsel for plaintiff in stating her cause of action was under a misconception of the nature of her title to the property in controversy and as to the relation the defendant bears thereto; and consequently mistook the relief to which she is entitled. The allegation that she was but “ the equitable ownér,” and that the legal title to the property was vested in defendant Leet, was clearly erroneous. Yet, notwithstanding this, sufficient facts are stated to constitute a cause of action entitling her to equitable relief, as it…
2Cases cited4 opinions
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
- Reed v. CalderwoodCalifornia Supreme Court · 1867
- Calderwood v. BrooksCalifornia Supreme Court · 1873
- Gage v. WilliamsIllinois Supreme Court · 1886
3Cited by20 opinions
- Saybe v. SageSupreme Court of Colorado · 1910
- Empire Ranch & Cattle Co. v. BenderSupreme Court of Colorado · 1911
- Mitchell v. TitusSupreme Court of Colorado · 1905
- Lambert v. MurraySupreme Court of Colorado · 1911
- Concord Corporation v. HuffSupreme Court of Colorado · 1960
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