Shapleigh v. Hull
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action to remove cloud from title, commenced- by appellee, George T. Hull, who alleges that on November 10, 1890, he was owner and in possession of lots “ B ” and “ C,” in resubdivision to lots 1, 2 and 8, in block 2, Highland Park; that at the date mentioned the plaintiff entered into the following agreement with one C. William Leimbach: “ This agreement, made Nov. 10th, 1890, between George T. Hull and C. Wm.
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Appeal from the District Court of Arapahoe County. Action to remove cloud from title, commenced- by appellee, George T. Hull, who alleges that on November 10, 1890, he was owner and in possession of lots “ B ” and “ C,” in resubdivision to lots 1, 2 and 8, in block 2, Highland Park; that at the date mentioned the plaintiff entered into the following agreement with one C. William Leimbach: “ This agreement, made Nov. 10th, 1890, between George T. Hull and C. Wm. Leimbach, witnesseth, that said George T. Hull agrees to sell and that said C. W. Leimbach agrees to buy - lots B and C in sub-lots…
1Opinion of the CourtChief Justice Hayt
It was claimed in the district. court that the complaint fails to state facts sufficient to constitute a cause of action.
The insufficiency of the complaint in this respect was raised first by demurrer, and afterwards by objection to the introduction of evidence; and the objection is now renewed in this court. It will be noticed that the complaint alleges that a deed from Hull to Leimbach was acknowledged, but the complaint does not allege that the appellee, Hull, did not acknowledge such deed. The argument of counsel upon this pleading is, that Hull having alleged the acknowledgment of the…
2Cases cited6 opinions
- Henderson v. ConnellyIllinois Supreme Court · 1887
- Bohn Manufacturing Co. v. KountzeNebraska Supreme Court · 1890
- Hill v. GillSupreme Court of Minnesota · 1889
- Davis v. HumphreyMassachusetts Supreme Judicial Court · 1873
- Conger v. CottonSupreme Court of Arkansas · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Stewart v. TalbottSupreme Court of Colorado · 1913
- First National Bank of Hailey v. GlennIdaho Supreme Court · 1904
- Antlers Park Regent Mining Co. v. CunninghamSupreme Court of Colorado · 1902
- Colorado Gold Dredging Co. v. Stearns-Roger Manufacturing Co.Supreme Court of Colorado · 1915
- Boise Payette Lumber Co. v. SharpIdaho Supreme Court · 1928
18 more not listed; retrieve them via the Exa API.