Van Wagenen v. Carpenter
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This is an action to enforce a trust. The facts upon which the right to relief is predicated are in substance as follows: On August 10, 1878, Andrew W. Gill purchased from the original locators a certain mining claim known as the Paris lode claim, situate in Lake county, Colorado. During the years 1878 and 1879, by sundry conveyances, he parted with all his interest in the claim except six eighteenths.
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Appeal from the District Court of Arapahoe County. This is an action to enforce a trust. The facts upon which the right to relief is predicated are in substance as follows: On August 10, 1878, Andrew W. Gill purchased from the original locators a certain mining claim known as the Paris lode claim, situate in Lake county, Colorado. During the years 1878 and 1879, by sundry conveyances, he parted with all his interest in the claim except six eighteenths. On December 15, 1879, Theo. F. Van Wagenen, for himself and as attorney in fact for the other owners, including Mr. Gill, entered into a bond…
1Opinion of the CourtJustice Goddard
1. The first error relied on is the action of the court granting the appellee a new trial. At the time of the commencement of the action on February 28,1890, there was of record in Lake county a deed of Mrs. Van Wagenen dated October 11, 1887, conveying the four eighteenths interest in question to Lewis M. Gregory; and the complaint averred that the title to this interest was vested in him. This was not denied in the answer; and on the trial, which occurred on February 4, 1896, the court and counsel, supposing that Gregory still held the title, tried the case upon that theory.
It appears from…
2Cases cited9 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Harvey v. TylerSupreme Court of the United States · 1865
- Stewart v. AndersonTexas Supreme Court · 1888
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- Mills v. HartSupreme Court of Colorado · 1898
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