Legal Opinion

Zimmerman v. So Relle

Court of Appeals for the Eighth Circuit

Decided April 26, 1897No. 862PublishedCited by 51 opinions

Appeal from the Circuit 'Court of the United States for the District of Colorado. This suit was brought by Eugene Zimmerman, the appellant, against Wiley E. So Relie, the appellee, in the circuit court of the United States for the district of Colorado, on December 27, 1895. For present purposes, it is unnecessary to state the averments of the bill in detail.

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Appeal from the Circuit 'Court of the United States for the District of Colorado. This suit was brought by Eugene Zimmerman, the appellant, against Wiley E. So Relie, the appellee, in the circuit court of the United States for the district of Colorado, on December 27, 1895. For present purposes, it is unnecessary to state the averments of the bill in detail. It showed, substantially, that a controversy had arisen between the parties to the suit, relative to the ownership of certain real estate situated in the town of Aspen. Pitkin county, Colo., to wit, the southerly 75 feet of lots R and S…

1Opinion of the CourtThayer, Circuit Judge

The plea which was filed by the defendant below, who is the appellee here, shows, we think, with sufficient certainty that the suit at bar and the suit previously brought in the district court of Pitkin county, Colo., by So Relie against Zimmerman, are substantially of the same character, the parties thereto being simply reversed. In the' case pending in the state court So Relie is attempting to quiet his title against Zimmerman, who is claiming title to and possession of the premises in controversy by virtue of a trustee’s deed, executed under a power of sale contained in a mortgage that was…

2Cases cited6 opinions

  1. STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
  2. Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
  3. Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
  4. Orton v. SmithSupreme Court of the United States · 1856
  5. Gates v. BuckiCourt of Appeals for the Eighth Circuit · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  2. Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
  3. Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
  4. Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
  5. Brun v. MannCourt of Appeals for the Eighth Circuit · 1906

46 more not listed; retrieve them via the Exa API.

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