3 Colo. 105 | Colo. | 1876
Tbe first objection is, that one of tbe defendants in tbe bill was not before tbe court when tbe decree was entered, and tbis, if correct, must have been because of tbe omission of appellant to serve him with process. Appellant was complainant in tbe bill, and if be proceeded to bearing and decree without bringing the proper parties into court, tbe error, if any was committed, is bis own. Tbe decree, however, recites that both defendants appeared, and tbe appeal bond was given to both of them. Upon tbis we are authorized to assume, in tbis appeal at least, that Diefendorf is a party to tbe decree. Tbe bill charges that in tbe year 1868, appellant purchased from appellee certain lots in tbe city of Denver, and took from them a deed without any of tbe usual covenants for title. That tbe grantors agreed to convey by deed of general warranty, and relying upon that assurance, appellant did not read tbe deed, or cause it to be examined at tbe time it was delivered to trim. That tbe words “warranty deed,” were printed on tbe back of tbe instrument in large letters, and thereby appellant was misled as to its character. That at tbe time of the purchase, appellees assured appellant that they owned tbe whole of tbe lots in fee, but the fact is, that a portion of each lot was owned by a third party and not by appellees. That appellant has entered upon and improved the lots, was compelled to buy in tbis outstanding title at a cost of $500. Wherefore be prays that tbe deed to him may be
The decree of the district court is affirmed with costs.
Affirmed.