Routt v. Greenwood Cemetery Land Co.
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. The Greenwood Cemetery Land Company brought this action to compel John L. Routt, Edwin J. Eaton, Joseph H. Maupin and N. B. Coy, as the Board of State Land Commissioners, and Matt. France, register of the board, to receive the money tendered them as the balance of the purchase price for a certain piece of land, and to execute a patent therefor to the company.- On final hearing a peremptory writ of mandamus was ordered.
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Appeal from, the District Court of Arapahoe County. The Greenwood Cemetery Land Company brought this action to compel John L. Routt, Edwin J. Eaton, Joseph H. Maupin and N. B. Coy, as the Board of State Land Commissioners, and Matt. France, register of the board, to receive the money tendered them as the balance of the purchase price for a certain piece of land, and to execute a patent therefor to the company.- On final hearing a peremptory writ of mandamus was ordered. To reverse this judgment respondents bring this appeal.
1Opinion of the CourtJustice Goddard
This action was before this court on an appeal from a judgment dismissing appellants’ petition, wherein that judgment was reversed and the cause remanded for trial upon the merits. See Greenwood Cemetery Land Co. v. Routt, 17 Colo., 156. The respondents by their return to the alternative writ specifically denied its material averments, and affirmatively alleged that the sale was collusive and fraudulent. Upon the trial below and at the close of petitioner’s evidence the respondents interposed a motion for nonsuit, which being denied, they declined to offer any evidence in suppoi’t of their…
2Cases cited2 opinions
- Greenwood Cemetery Land Co. v. RouttSupreme Court of Colorado · 1892
- Lee v. StahlSupreme Court of Colorado · 1889
3Cited by20 opinions
- State ex rel. Marsh v. State Board of Land CommissionersWyoming Supreme Court · 1898
- State ex rel. Gravely v. StewartMontana Supreme Court · 1913
- Banzhaf Banzhaf v. Swan Co.Wyoming Supreme Court · 1944
- Davis v. JohnsonColorado Court of Appeals · 1894
- Pierson v. State Board of Land CommissionersIdaho Supreme Court · 1908
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