City of Pueblo v. Budd
Supreme Court of Colorado
Error to ike District Court of Pueblo County. This is an action instituted by defendants in error to enjoin the city of Pueblo, its officers and agents, from entering upon and opening up a street over a certain lot of land itt the city of Pueblo. The case is brought before us upon the complaint, answer, and demurrer to the answer.
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Error to ike District Court of Pueblo County. This is an action instituted by defendants in error to enjoin the city of Pueblo, its officers and agents, from entering upon and opening up a street over a certain lot of land itt the city of Pueblo. The case is brought before us upon the complaint, answer, and demurrer to the answer. The complaint states in substance that, on the 19th day of January, 1869, by virtue of an act of Congress approved March 2, A. D. 1867, entitled “An act for the relief of the inhabitants of cities and towns upon the public lands,” Mark Gf. Bradford, then countjr…
1Opinion of the CourtJustice Goddard
The foregoing averments of the complaint and answer sufficiently disclose the facts out of which the present controversy arises, and fully present the questions of law that we are called upon to determine. The averment in the complaint that Guilford C. Budd and Anna Budd were in the actual occupation and possession of the parcel of land in controversy at the time of the entry of the town site is not denied in the answer, and therefore stands admitted ; and it is also admitted that neither of said parties, nor any one for them, filed a statement as required by section 4, article 12, chapter…
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