Hamill v. Bank of Clear Creek County
Supreme Court of Colorado
Error to the County Court of Arapahoe County. Hamill was the owner of a ranch near Denver. He borrowed large sums of money of the Bank of Clear Creek County, and gave a trust deed on this ranch to secure the payment of the same. The note was not paid at maturity, and for such alleged default the holder requested the trustee to proceed to sell the property under the trust deed, which the trustee did, and the hank became the purchaser at the foreclosure sale.
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Error to the County Court of Arapahoe County. Hamill was the owner of a ranch near Denver. He borrowed large sums of money of the Bank of Clear Creek County, and gave a trust deed on this ranch to secure the payment of the same. The note was not paid at maturity, and for such alleged default the holder requested the trustee to proceed to sell the property under the trust deed, which the trustee did, and the hank became the purchaser at the foreclosure sale. After receiving the trustee’s deed, it demanded possession of the ranch from Hamill, as provided for under the unlawful detainer act. The…
1Opinion of the CourtJustice Campbell
Questions similar to this have been heretofore submitted to and decided by this court, but no written opinion has been handed down. Some of the points raised upon this hearing are of general importance, both as to the rights of litigants under the unlawful detainer act and the practice in *387proceedings thereunder. We have concluded, therefore, in this opinion to determine these questions as a precedent to be observed in future cases.
The propositions advanced by plaintiff in error upon which he relies for a supersedeas are:
■ First. That the justice of the peace had no jurisdiction of the…
2Cases cited4 opinions
- Stephens v. ClaySupreme Court of Colorado · 1892
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- Johnson v. BakerIllinois Supreme Court · 1865
- Jordan v. WalkerSupreme Court of Iowa · 1879
3Cited by9 opinions
- Adcock v. LieberSupreme Court of Colorado · 1911
- Yori v. PhenixNevada Supreme Court · 1915
- Hendron v. BolanderSupreme Court of Colorado · 1937
- Schuler v. OldervikColorado Court of Appeals · 2006
- Wise v. SchimmelSupreme Court of Colorado · 1924
4 more not listed; retrieve them via the Exa API.