Legal Opinion

Medina v. Phelps

Supreme Court of Colorado

Decided January 15, 1907No. 5253; No. 2878 C. APublishedCited by 6 opinions

Appeal from the District Court of Arapahoe County. Hon. Booth M. Malone, Judge. Action by F. J. Medina against Alfred C. Pbelps, as trustee, etc., Tbe Denver Insurance Company and Lizzie Connelly. From a judgment in favor of defendants, plaintiff appeals.

1Opinion of the CourtJustice Maxwell

April 28, 1902, plaintiff sued out a writ of injunction to restrain the sale of certain real estate, described in his complaint, under á deed of trust with power of sale which had been executed by one Davis to Phelps, as trustee, to secure a nóte given by Davis to the Denver Insurance Company, of date July 1, 1889, payable three years after date, for two thousand dollars, with interest at 8 per cent, per annum, payable semi-annually.

Upon the trial, the court found that no equity in favor of complainant had been shown and, with the consent of the parties, also found the amount of taxes paid by…

2Cases cited5 opinions

  1. Starbird v. CranstonSupreme Court of Colorado · 1897
  2. McLane v. AllisonSupreme Court of Kansas · 1899
  3. McGovney v. GwillimColorado Court of Appeals · 1901
  4. Perkins v. AdamsColorado Court of Appeals · 1901
  5. Drake v. WilliamsSupreme Court of Kansas · 1877

3Cited by6 opinions

  1. Humbird v. ArnetMontana Supreme Court · 1935
  2. Turner v. PowellMontana Supreme Court · 1929
  3. Liebl v. SchaefferWashington Supreme Court · 1925
  4. Great Western Manufacturing Co. v. ElledgeSupreme Court of Colorado · 1920
  5. Lowrey v. HarlowColorado Court of Appeals · 1912

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