Legal Opinion

McBride v. Gwynn

District Court, D. Colorado

Decided November 23, 1887PublishedCited by 1 opinion

Motion to Set Aside Master’s Sale and Deed. Duncan McBride filed a bill in chancery, October 24, 1884, against George R. Gwynn, James Moynahan, and the Great West Mining Company, to foreclose a trust deed securing the payment of $3,000, loaned by McBride to the company. The trustee named in the deed was D. C. Crawford, who refused to make sale; hence this application to the court.

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Motion to Set Aside Master’s Sale and Deed. Duncan McBride filed a bill in chancery, October 24, 1884, against George R. Gwynn, James Moynahan, and the Great West Mining Company, to foreclose a trust deed securing the payment of $3,000, loaned by McBride to the company. The trustee named in the deed was D. C. Crawford, who refused to make sale; hence this application to the court. Gwynn and Moynahan claimed to own the premises on which the trust deed was given, and were brought in as defendants. Leave was granted plaintiff April 6, 1885, to file an amended bill, making James M. Strickler,…

1Opinion of the CourtHallett, J.

The circumstances of this case are somewhat extraordinary. The sale was made something over two years ago; and the property, which was regarded by the parties as of the most value at the time of the sale, and perhaps ever since that time, was redeemed from the sale, so that at present there is no question affecting the defendants’ title to *403that property arising under this sale. The Adrian lode, which was undoubtedly regarded as the most valuable of all the property involved in the suit, and which property was regarded as the only property of any value, was afterwards redeemed from the sale…

2Cases cited4 opinions

  1. Henderson v. HerrodMississippi Supreme Court · 1852
  2. Goodwin v. BurnsMichigan Supreme Court · 1870
  3. Bullard v. GreenMichigan Supreme Court · 1862
  4. Leonard v. TaylorMichigan Supreme Court · 1864

3Cited by1 opinion

  1. Nevada Nickel Syndicate, Ltd. v. National Nickel Co.U.S. Circuit Court for the District of Nevada · 1900

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