Barth v. Deuel
Supreme Court of Colorado
Appeal from Superior Court of Denver. On the 29th day of April, 1882, the defendant, William Barth, conveyed, by special warranty deed, certain premises to the plaintiff, Sarah J. Deuel. In consideration of such conveyance the plaintiff paid to defendant $1,500 cash down, and gave him fifteen promissory notes for $200 each, with interest at one per cent, per month, and made a trust-deed on the premises to secure said notes.
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Appeal from Superior Court of Denver. On the 29th day of April, 1882, the defendant, William Barth, conveyed, by special warranty deed, certain premises to the plaintiff, Sarah J. Deuel. In consideration of such conveyance the plaintiff paid to defendant $1,500 cash down, and gave him fifteen promissory notes for $200 each, with interest at one per cent, per month, and made a trust-deed on the premises to secure said notes. Before the commencement of this action plaintiff paid five of said notes and interest, amounting to the sum of $1,030. She brings this action to recover back the said sum…
1Opinion of the Court
Rising, C.
The defendant demurred to the complaint on the grounds —First, that it did not state facts sufficient to constitute a cause of action; second, for defect of parties defendant; and third, that it was ambiguous, unintelligible and uncertain. Upon the overruling of the demurrer defendant filed his answer and went to trial on the merits. By filing an answer and going to trial upon the merits defendant waived the second and third grounds of demurrer, and the first ground is not relied upon in the argument of counsel. All the other assignments of error may be considered under the general…
2Cases cited6 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Daniel v. MitchellU.S. Circuit Court for the District of Maine · 1840
- Marvin v. BennettNew York Court of Chancery · 1840
- Quick v. StuyvesantNew York Court of Chancery · 1830
- McNair v. PicotteSupreme Court of Missouri · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McGovney v. GwillimColorado Court of Appeals · 1901
- Dlug v. WooldridgeSupreme Court of Colorado · 1975
- Foot v. BurrSupreme Court of Colorado · 1907
- City of Raton v. ARKANSAS RIVER POWER AUTHORITYDistrict Court, D. New Mexico · 2009
- Fidelity Finance Co. v. GroffSupreme Court of Colorado · 1951
11 more not listed; retrieve them via the Exa API.