Scroggs v. Harkness Heights Land Co.

• Decision Date: 02 February 1925
• Docket Number: 11147.
• Citation: 76 Colo. 597,233 P. 831
• Parties: SCROGGS et al. v. HARKNESS HEIGHTS LAND CO.
• Court: Colorado Supreme Court

233 P. 831

76 Colo. 597

SCROGGS et al. v. HARKNESS HEIGHTS LAND CO.

No. 11147.

Supreme Court of Colorado

February 2, 1925

Rehearing Denied March 2, 1925.

Department 2.

Error to District Court, City and County of Denver; Julian H. Moore, Judge.

Action by the Harkness Heights Land Company against Roy Scroggs and others. Judgment for plaintiff, and defendant Louise C. Anderson brings error.

Supersedeas denied, and judgment affirmed.

T. E. Anderson, of Denver, for plaintiff in error.

T. E. Watters and Percy S. Morris, both of Denver, for defendant in error.

DENISON, J.

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 30 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, 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.

ALLEN, C.J., and WHITFORD, J., concur.