Keating v. Pedee
Supreme Court of Colorado
Error to District Court, Arapahoe County. The declaration was in replevin to recover eight mules, alleged to be of the value of $600. The defendant, Pedee, filed several pleas, claiming the property as administratrix of Andrew Pedee, deceased, and otherwise.
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Error to District Court, Arapahoe County. The declaration was in replevin to recover eight mules, alleged to be of the value of $600. The defendant, Pedee, filed several pleas, claiming the property as administratrix of Andrew Pedee, deceased, and otherwise. The evidence, which was quite lengthy, is sufficiently stated in the opinion, except as to the following receipt, which was put in evidence by defendant: “ Office of F. E. Everett, Banker, Gulden City, Colorado, February 21,1873. Received of Mrs. R. P. Pedee, administratrix, $516.16, being the second installment for the payment of nine…
1Opinion of the CourtHallett, C. J.
The property in controversy was sold to defendant’s intestate for the sum of $1,550, payable in three monthly installments, and it was expressly understood, that the title should not pass until all the payments were made. If default should be made in either of the payments, the sum actually paid was to be applied to the hire of the animals at the rate of $10 per day. The plaintiff and the witness Donnelly testify to these facts, and the defendant knew nothing of the agreement. The receipt dated February 21,1878, may receive the construction that the last payment was to be made from the March…
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