Scroggs v. Harkness Heights Land Co.

Supreme Court of Colorado
Scroggs v. Harkness Heights Land Co., 233 P. 831 (Colo. 1925)
76 Colo. 597; 1925 Colo. LEXIS 376
Denison

Scroggs v. Harkness Heights Land Co.

Opinion of the Court

Mr. Justice Denison

delivered the opinion of the court.

The defendant in error was plaintiff below and had a decree quieting its title to a lot in Denver. Louise C. Anderson, one of the defendants below, alone assigns error.

Mrs. Anderson claims under one Addis who had an unrecorded contract of purchase from the plaintiff company in whom the title stood of record. Payments were defaulted, and, after thirty days’ notice to all parties, including Mrs. Anderson, to come in and pay, and failure by all to do so, the company took possession.

The claim of plaintiff in error is that she was misled into the purchase of the lot by the conduct of the plaintiff in holding out Addis as the owner, but the evidence is that her son and agent, who conducted the transaction for her, *598 had actual and previous notice of the plaintiff’s title and of the fact that Addis- held only by contract.

Supersedeas denied and judgment affirmed.

Mr. Chief Justice Allen and Mr. Justice Whitford concur.

Reference

Full Case Name
Scroggs, Et Al. v. Harkness Heights Land Co.
Cited By
4 cases
Status
Published