BROWN v. STOOKEY

No. 17875.

298 P.2d 955 (1956)

Elvira N. BROWN, administratrix of the Estate of John H. Statton, Deceased, Plaintiff in Error, v. J. W. STOOKEY and Fannie Stookey, his wife, doing business under the name and style of El Rio Hotel, Defendants in Error.

Supreme Court of Colorado, En Banc.

June 25, 1956.


Attorney(s) appearing for the Case

Stinemeyer & Stinemeyer, Canon City, for plaintiff in error.

Murphy & Morris, Colorado Springs, for defendant in error.


HOLLAND, Justice.

The controlling question to be answered is whether or not this case is a tort action that does not survive, or is it an action for recovery of property? Due to the fact that the record discloses the death of some of the parties involved, our so-called survival statute is controlling and is as follows, C.R.S. '53, 152-1-9:

"What actions survive.—All actions in law whatsoever, save and except actions for slander or libel, or trespass...

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