Ryan v. Geigel

• Decision Date: 13 October 1913
• Parties: RYAN et al. v. GEIGEL et al.
• Court: Colorado Court of Appeals

136 P. 804

25 Colo.App. 122

RYAN et al. v. GEIGEL et al.

Court of Appeals of Colorado

October 13, 1913

Rehearing Denied Dec. 8, 1913

Appeal from District Court, Garfield County; John Shumate, Judge.

Action by Patrick Ryan and others against Samuel Geigel and others. From a judgment for defendants, plaintiffs appeal. Affirmed.

Vaile, McAllister & Vaile, of Denver, for appellants.

E.L Clover, of Denver, for appellees.

CUNNINGHAM P.J.

The appellants, who were plaintiffs below, were the brothers and sisters and sole heirs at law of Michael D. Ryan, deceased. The appellee Hayes was the administrator with the will annexed of the estate of the said Michael D. Ryan, deceased. For the purpose of paying the debts of the said Ryan's estate, Hayes, as administrator, sold certain real estate belonging to the said estate. Appellee Dollison, who was the attorney for the administrator, purchased this real estate at the administrator's sale, paying therefor $800. Shortly after obtaining an administrator's deed for the land Dollison rented it to Hayes, the administrator. A little less than two years after Dollison rented the land to Hayes, the latter, while still administrator of the estate, purchased the land from Dollison, paying $1,200 for it. A little more than two years after Dollison sold the land to Hayes, the latter sold it to the appellee Geigel for $5,000. The appellees Darch and James were at different times the public trustee of Garfield county, and because of a trust deed made to them, in their official capacity, by Geigel, to secure a part of the purchase price which he was to pay to Hayes for the land, these two appellees were made defendants. Noonan was the county judge at the time the proceedings were had in the county court to sell the land, and early in the administration of the estate and before his election as county judge, Noonan acted as attorney for the administrator in the preparation of the first administration papers. Appellants brought their action in the district court to set aside these various deeds, and have themselves declared to be the owners of the said real estate, subject only to the debts of the said Michael D. Ryan. In their bill plaintiffs charge fraud and conspiracy on the part of the said Hayes, Noonan, and the appraisers of the real estate, and Dollison, who purchased the same.

Although a jury was impaneled to try the cause, at the close of all the testimony the court discharged the jury, as he had a clear right to do, it being an equity case, and rendered judgment for the defendants, from which judgment this appeal is taken.

1. The evidence offered on behalf of the appellants for the purpose of establishing a conspiracy was wholly circumstantial, and consisted, among other things, in showing that the land was bought by Dollison while attorney for Hayes, the administrator, for $800, and in less than four years thereafter that it sold for $5,000. It is contended from this, and other facts shown, not necessary to detail, that there was an arrangement between Dollison and Hayes, at the time the land was sold, that Dollison should buy it for Hayes, in order to avoid the inhibitions of the statute which disqualify administrators from becoming purchasers, and thereafter transfer it to the administrator. In other words that the purchase of the land by Dollison was a mere subterfuge. Appellants also showed that in his affidavit, whereby he procured an order to make service by publication on the heirs of Michael D. Ryan, Hayes, the administrator, stated that he did not know the post office address of said heirs. There was evidence tending to show that Hayes possessed such knowledge, at least as...