Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 2

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...or claimed to have, some interest in the property, and by proceeding to judgment and execution against the property, they have manifested a disposition to appropriate the property to their own use without regard to the right of appellees, and this brings the case within the principle of all the authorities that I have examined. The circumstance that appellees are purchasers of the property cannot be relied upon to distinguish this case from those cited. A purchaser is entitled to the same protection as an attaching creditor, and he may as con--fidently appeal to a court of equity for such protection. The appellees, Erastus F. and Charles Hallack, holding two of the lots by an unquestioned title from Dudley, are fully in the attitude of purchasers. The other appellees have an equitable right, only having failed to obtain a legal title by reason of the want of a seal on the power of attoruey from Dudley to Chever. The deed to Mofi'at was for that reason insutficient to pass the legal title. Mans v. Worthznqton, 3 Scam. 26; Peabody v. Hoard, 46 Ill. 242; and parol ratification of the deed did not cure the defect. Story on Agency, 242, 252. But the instrument was a sufiicient memorandum under the statute of frauds, and has every element of a perfect contract which will be enforced in equity. It is a doctrine of the court that things agreed to be done shall be regarded as actually performed, and the appellees other than the Hallecks are for the purposes of this suit, equally with the latter, to be regarded as purchasers. The circumstance that they have not obtained the conveyance which a court of equity will award, cannot defeat their right. I understand that one who holds under an executory contract cannot defeata prior equity, more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • English
  • Illustrations, black and white
  • 1236979095
  • 9781236979094