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[DOWNLOAD] "Whatley v. Wood" by Colorado Court of Appeals # Book PDF Kindle ePub Free

Whatley v. Wood

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eBook details

  • Title: Whatley v. Wood
  • Author : Colorado Court of Appeals
  • Release Date : January 19, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

In the first trial of this case one of the defendants, John v. Cuddy, obtained a summary judgment insofar as his leasehold interest in the real property involved was concerned and as a result thereof his case was heard in this Court under a separate and distinct writ of error, viz., Whatley v. Cuddy, (No. 19551), 148 Colo. 362, 366 P.2d 671 (1961). The Cuddy writ of error also resulted in a reversal. The case was re-tried in the District Court of Garfield County in August 1962. In the retrial, the matter was again heard as a single case but in two separate stages or parts: first, concerning the validity of the Cuddy lease, and second, concerning the validity of the deed under which the plaintiff claimed his title. By ruling of the trial court during the re-trial of the case, the entire record and all exhibits in the former proceedings were automatically made a part of the record, evidence and proceedings in the re-trial. Separate judgments were again entered: one against plaintiff, William J. Whatley, in which his deed was held to be void, and the other against the defendant, John v. Cuddy, in which his lease was held to be void. The Cuddy portion of the case is again the subject of a separate writ of error (No. 20544). This opinion, however, is concerned only with the judgment which decreed that the plaintiffs deed was void and that, therefore, the plaintiff has no right, title or interest in the real property in question.


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