Rosengrave v. Clelland

[No. 2032.] Rosengrave v. Clelland. Justice op the Peace — Jurisdiction—Equity—Appeal. A justice of the peace has no equitable jurisdiction. And where an action was brought before a justice of the peace upon a covenant in a deed to pay taxes, and defendant interposed a defense requiring affirmative equitable relief in the reformation of the deed, the justice of the peace had no jurisdiction and the county court acquired no jurisdiction on appeal. Appeal from the County Court of Fremont County. Mr. Jos. H. Maupin, for appellant. Mr. Samuel P. Dale, for appellee. [MAJORITY — Gunter, J.] Gunter, J. This action, originating in a justice court upon a covenant in a -warranty deed against taxes, is here from a trial on appeal in the county court. The defense was, that the deed was made in pursuance of a written contract between the grantor therein and a third party; that such contract was assigned to and assumed by the grantee in the deed, the plaintiff below, the appellee here; that such contract contained a provision obligating the contractee to discharge the taxes here in question ; that such clause should have gone into the warranty deed, and that by mistake it was omitted therefrom and the clause obligating the grantor to discharge such taxes included therein; that such facts entitled appellant to a reformation eliminating such covenant for payment of taxes from the deed and were, therefore, a defense hereto. This equitable defense requiring affirmative relief could be entertained only in a court having equitable jurisdiction. A justice of the peace has no equitable jurisdiction under the laws of Colorado. Robinson v. Compher, 13 Colo. App. 343; Am. & Eng. Ency. of Law, vol. 18, p. 31. This true, the county court acquired no jurisdiction of the defense on appeal. Robinson v. Compher, supra. Judgment affirmed. Affirmed.