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11 Colo. 522

Eckles v. Booco

Supreme Court of Colorado

Decided October 15, 1888

Supreme Court of Colorado · decided 1888-10-15

This action was commenced by the appellee, Isaac S. Booco, against the appellant, R. A. Eckles, March 29, 1884, before a justice of the peace of Lake county, upon a complaint for the wrongful detention of certain real estate. Judgment was given for the appellee. Appeal was taken to the county court, and judgment for restitution of the premises was again given for the appellee, from which appeal was taken to this court.

Cited by 1 later decisions — most recently January 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-10-15

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Stallcup, C.

¶1The evidence ’offered to show right in the premises in the wife, Margaret Ecldes, was properly rejected. The appellant, Eckles, being the lessee of Booco, the appellee, was not in a position to deny right and title in Booco, nor to set up an outstanding title in another. Tayl. Landl. & Ten. (6th ed.) § 705. There is no claim or pretense that the lessor obtained the lease contract from the lessee unfairly or fraudulently. Nonpayment of rent, demand therefor, and for possession, were conceded; so that under section 1491, General Statutes, the appellant was wrongfully holding the said premises. The court was right in finding that the appellant was in possession of the premises under the lease, and wrongfully withholding the same. The judgment should be affirmed.

¶2De France and Rising, CO., concur.

Per Curiam.

¶3For the reasons assigned in the foregoing opinion the judgment of the court below is affirmed.

¶4Affirmed.

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