7 Colo. 296 | Colo. | 1884
The complaint of the appellant, as plaintiff in the court' below, alleged that her husband, being indebted to James L. Yoorhes, the husband of appellee, the defendant below, gave his promissory note therefor, payable to Plora L. Yoorhes, the said defendant; that afterwards, for the purpose of discharging said indebtedness, the plaintiff executed a deed conveying certain land lying in the county of Pueblo, to the said James L. Yoorhes, and deposited the said deed as an escrow with one M. G. Bradford, to be delivered to the said grantee upon condition that the note aforesaid should be surrendered and delivered to said depositary; that subsequently the said Bradford offered to deliver the deed to the said grantee and his wife, the defendant, upon the condition aforesaid, but that both said grantee and defendant refused to'comply with said condition and deliver up the note; that afterwards, in the absence of said Bradford from his house, the said grantee went to said house, and, upon pretense of examining said deed, obtained the same from the wife of Bradford, and, without the knowledge or consent of said Bradford, or of the plaintiff,
This complaint was demurred to by the defendant, the demurrer was sustained, and the plaintiff appeals to this court, assigning for error the ruling of the court below in sustaining the demurrer and rendering judgment thereon.
The principal question raised by the demurrer, and the only one we need pass upon under the assignment of errors, is whether the proper and necessary parties are made defendants in the action.
On the part of the appellant it is insisted that, since there was no valid delivery of the deed, no interest in the premises passed by the conveyance to the decedent, as grantee, in his life-time, and hence neither his heirs nor devisees have any interest to be affected by the decree prayed for in this action. While it is true that a deed delivered wrongfully and fraudulently, or without au
Affirmed.