Reports of the Decisions of the Court of Appeals of the State of Colorado (2), Volume 2

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General Books, 2009 - 416 pages
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 Excerpt: ... of the other 15 or 20 per cent. If such were the facts, Farwell might be benefited by the appointment of a conservator or guardian, but a court of equity could hardly appoint a receiver, as asked, to administer his affairs; nor can the court, by injunction, restrain him from wastefully disbursing his money, or mismanaging his affaire; nor can it, in the absence of stated facts, showing the invalidity of the assessment, restrain its collection. A minority of a corporation is undoubtedly entitled to the interposition of a court of equity to protect it from the illegal aggression of the majority; but the wrongs charged, the imminency of the danger, and the rights of the minority, must be clearly and explicitly stated by apt averments. The court is asked to decree both deeds of trust, made to secure the money borrowed, absolutely void and of no effect. Why this should be done is not shown. To enable a court to so decree, some invalidity or illegality in their inception and execution must be shown, or a failure or want of consideration. Neither is attempted. A misapplication and waste of the money received in exchange for a security would not afford a court adequate grounds for invalidating the security given. It follows that the judgment of the court in sustaining the demurrer and dismissing the suit was correct. Affirmed. Dowling, Appellant, V. Dowling, Appellee. L Judgment Against Estate--Rights Of Holder. Where a judgment creditor of a solvent estate postpones enforcement of her judgment in consideration of an assignment to her of one of several notes secured by deed of trust and given to the heir for a debt due the estate, and it is agreed that upon the payment of the note and interest when due, she will satisfy the judgment, she is not compelled to exhaus...

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