Wilcoxen v. Morgan
Supreme Court of Colorado
Error to District Court, Gilpin County. This was an action of unlawful detainer in the district court of Gilpin county. The plaintiff alleged that Belle Cable, on the 18th of October, 1870, recovered in a justice’s court a judgment against James R. Grant for the sum of $170 and costs. That execution was issued and returned, no property found.
Read the full summary
Error to District Court, Gilpin County. This was an action of unlawful detainer in the district court of Gilpin county. The plaintiff alleged that Belle Cable, on the 18th of October, 1870, recovered in a justice’s court a judgment against James R. Grant for the sum of $170 and costs. That execution was issued and returned, no property found. That transcript of the judgment was filed in the clerk’s office of the district court December 9, 1870, and that execution was issued out of the district court thereon, December 14, 1870. That the execution was levied on the property described, on the…
1Opinion of the CourtWells, J.
1st. The declarations of James R. Grant, made at the time of the preparation of the conveyance to Daniel Grant, were properly received upon the question, whether the conveyance was or was not with intent to defraud creditors. Phillips v. Eames, 1 Esp. 357; Cook v. Swann, 5 Conn. 141; Wyckoff v. Carr, 8 Mich. 44.
2d. These declarations and the attendant circumstances; the relationship of the parties; the fact that the conveyance was made without the knowledge of the grantee ; the absence of consideration, and the subsequent long-continued *478possession and dominion of the premises by the grantor,…
2Cases cited5 opinions
- Manhattan Co. v. EvertsonNew York Court of Chancery · 1837
- Parish v. MurphreeSupreme Court of the United States · 1852
- Copley v. FlintSupreme Court of Louisiana · 1841
- Wyckoff v. CarrMichigan Supreme Court · 1860
- Ferry v. ParksIndiana Supreme Court · 1858
3Cited by14 opinions
- Mulock v. WilsonSupreme Court of Colorado · 1893
- Wells v. Schuster-Hax National BankSupreme Court of Colorado · 1897
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
- Arnett v. CoffeyColorado Court of Appeals · 1891
- Eggleston v. SheldonWashington Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.