Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 23

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 23

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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. 1897 edition. Excerpt: ...of Harker and Williams, and they also filed ' ial cross bill or cross complaint setting up the conveyances, as already mentioned, and asking that the thirty acre tract be primarily charged with the lien of the whole indebtedness on the Crippen, Lawrence 85 Co. notes, and that it be decreed to be the primary fund out of which the whole indebtedness should be paid. They also asked that all parties who assumed the mortgage debt should contribute and pay into court the whole amount thereof for their protection, and if found necessary that any of the fractional quarter section should be sold, that said thirty acre tract should be first subjected to the payment of the incumbrance before resorting to the balance. The record does not show that a copy of this pleading was served on Skinner and Ware, or that they ever were required to, or did, plead thereto. After the institution of the action and before the trial, The Colorado Smokeless Coal Company, having acquired the thirty acre tract by purchase from The American Investment Company, was substituted as plaintiff. All of the various deeds, both warranty and trust, were duly filed for record long prior to the acquisition of the title by the plaintiff in this action. 4 There was no evidence introduced at the trial touching the alleged fraud of the trustee; and no oral testimony of any character was introduced; but the parties agreed that the cross complaint as filed by the Footes should, for the purposes of the case, be taken to be substantially correct. The substance of this cross complaint is sufficiently set out in the statement already made. The court made what was considered a finding of fact to the efiect that the trustee was not authorized, under the terms of the trust, to advertise the...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236797256
  • 9781236797254