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eBook details

• Title: Goodwin and Another v. Colorado Mortgage & Investment Co. of London
• Author : United States Supreme Court
• Release Date : January 07, 1884
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

E. T. Wells, for plaintiff in error. The Colorado Mortgage & Investment Company of London, (Limited,) a corporation organized under the laws of the United Kingdom of Great Britain and Ireland, brought this action against Harrison Goodwin and Elizabeth Goodwin, his wife, to recover the possession of certain real estate in Colorado, and damages for withholding the same. In conformity with a written stipulation by the parties, the case was tried by the court without the intervention of a jury, and judgment rendered for the plaintiff. The lands in controversy were conveyed by Harrison Goodwin to David H. Maffat, Jr., in trust, to secure certain promissory notes executed by the grantor to the plaintiff, and made payable at Denver, Colorado. The deed provided that in case of default in the payment of the principal or interest of either of the notes, the trustee, on application in writing of the legal holder of the notes, might sell the premises at public auction after giving four weeks' previous notice of the time and place of sale by advertisement in any newspaper published in Boulder county, (where, as we infer, the lands lie,) and from the proceeds pay the principal and interest of the notes, whether due and payable by the tenor thereof or not. There was such default, and under the authority given by the deed of trust the lands were sold, the plaintiff becoming the purchaser, and receiving a conveyance therefor from the trustee. The wife of Goodwin filed a separate answer, in which, among other things, it is alleged that at the time of the execution of the deed of trust the premises in controversy were, as plaintiff well knew, occupied by her husband and herself as their homestead, and that her husband was a householder. By these allegations it was intended to question the validity, under the laws of Colorado, of the sale of the premises in pursuance of the beforementioned deed of trust.

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