Legal Opinion

Kelly v. E. F. Hallack Lumber & Manufacturing Co.

Supreme Court of Colorado

Decided January 15, 1896PublishedCited by 5 opinions

Error to the County Court of Arapahoe County. This is an action of an unlawful detainer brought by The E. F. Hallack Lumber and Manufacturing Company in the county court of Arapahoe county against Andrew J. Kelly to recover possession of lots 1 and 2, in block 262, Clement’s addition to the city of Denver. The cause was tried to the court; judgment for plaintiff. Kelly brings the case here for review.

1Opinion of the CourtJustice Goddard

The action is brought under subdivision 6 of section 3 of the forcible entry and detainer act, Session Laws 1885, p. 224, which provides:

“Sec. 3. Any person shall be deemed and held guilty of an unlawful detention of real property in the following cases: * * *(6). When the property has been duly sold, under any power of sale, contained in any mortgage, or trust deed, which was executed by such person, or any person, under whom he or she claims, by title, subsequent to the date of the recording of such mortgage, or trust deed, and the title under such sale has been duly perfected, and the…

2Cases cited2 opinions

  1. Atlantic Insurance v. ManningSupreme Court of Colorado · 1877
  2. Abbey Homestead Ass'n v. WillardCalifornia Supreme Court · 1874

3Cited by5 opinions

  1. Boone v. Citizens Bank & Trust Co.Tennessee Supreme Court · 1927
  2. Carico v. KlingColorado Court of Appeals · 1898
  3. Childers v. BairdSupreme Court of Colorado · 1915
  4. Brennan Mercantile Co. v. VickersSupreme Court of Colorado · 1903
  5. Carico v. KlingColorado Court of Appeals · 1898

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