modern doctrine in Colorado

2008In describing the modern presumption that constitutional provisions are intended to be self-executing, the Florida Supreme Court explained that, without such a presumption, “the legislature would have the power to nullify the will of the people expressed in their constitution,.... ” Gray v. Bryant, 125 So.2d 846, 851 (Fla.1960).

2004E.g., Gray v. Bryant, 125 So.2d 846, 851 (Fla.1960) (noting that "the modern doctrine favors the presumption that constitutional provisions are intended to be self-operating"); Russell, 101 N.E.2d at 291 (stating that "the presumption now is that all provisions of the constitution are self-executing"); Beatty v. Wittekamp, 171 S.C. 326 , 172 S.E. 122, 125 (1933) (declaring that "[t]he general presumption of law is that all constitutional provisions are self-executing"); see generally 16 Am.Jur.2d Constitutional Law § 100 (1998).

1981Bradley v. Mann, 34 Colo.App. 135 , 525 P.2d 492 ; Accord, Mamalis v. Bornovas, 112 N.H. 423 , 297 A.2d 660 .

1981Bradley v. Mann, 34 Colo.App. 135 , 525 P.2d 492 ; Accord, Mamalis v. Bornovas, 112 N.H. 423 , 297 A.2d 660 .

2023Nwanguma v. Trump, 903 F.3d 604, 609 (6th Cir. 2018); accord Bible Believers v. Wayne Cnty., 805 F.3d 228, 246 (6th Cir. 2015).18 3.

2023Nwanguma v. Trump, 903 F.3d 604, 609 (6th Cir. 2018); accord Bible Believers v. Wayne Cnty., 805 F.3d 228, 246 (6th Cir. 2015).18 3.

2021Wagner v. Fairlamb, 151 Colo. 481, 487 , 379 P.2d 165, 169 (1963).

2021Wagner v. Fairlamb, 151 Colo. 481, 487 , 379 P.2d 165, 169 (1963).

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015Eq. 435 , 58 A.2d 89, 96 (N.J.

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015Ass'n, 120 Ky. 413 , 86 S.W. 1111, 1112 (1905) ("[Rleservations or exceptions are enforced, although contained in the habendum clause of the deed, as fully as if set out in the granting clause, when on the whole instrument the intention of the parties is sufficient ly expressed to be enforced."); Price v. Johnson, 78 N.M. 123 , 428 P.2d 978, 980-81 (1967) (recognizing that "where a deed is susceptible to alternative construction, the construction most favorable to the grantee will be adopted," but still finding that in light of "the modern rule" the reservation in the habendum at issue was not

2015Ass'n, 120 Ky. 413 , 86 S.W. 1111, 1112 (1905) ("[Rleservations or exceptions are enforced, although contained in the habendum clause of the deed, as fully as if set out in the granting clause, when on the whole instrument the intention of the parties is sufficient ly expressed to be enforced."); Price v. Johnson, 78 N.M. 123 , 428 P.2d 978, 980-81 (1967) (recognizing that "where a deed is susceptible to alternative construction, the construction most favorable to the grantee will be adopted," but still finding that in light of "the modern rule" the reservation in the habendum at issue was not

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015See id. at 274 , 243 P.2d at 415 . 2 T19 This evolution in the law has occurred in other jurisdictions as well, Seq, eg., In re Fleck's Estate, 261 Iowa 434 , 154 N.W.2d 865, 868 (1967) ("The modern rule, and the one we have adopted, is to construe the whole instrument without reference to the formal divisions in order to effectuate, if possible, the grantor's intent.") (citations omitted); State v. Hess, 684 N.W.2d 414, 423 (Minn.2004) (A court must "read the granting and habendum clauses together 'in order to arrive at the true intention, even to the extent of allowing the habendum to qualif

2015T23 Based on Mitchell and other authorities cited above, wey, like the district court, determine that the 1950 Deeds unambiguously reserved to the Plaintiffs' predecessors-in-interests the mineral rights in Tracts A-D in the land later conveyed to the Furrow Defendants' predecessor-in-interest, Hubert A. Brown. | 1 24 In so concluding, we necessarily reject the Furrow Defendants' reliance on the distinction between a "granting clause" and a "warranty clause" made in O'Brien v. Village Land Co., 794 P.2d 246, 251 (Colo.1990).

2015Ass'n, 120 Ky. 413 , 86 S.W. 1111, 1112 (1905) ("[Rleservations or exceptions are enforced, although contained in the habendum clause of the deed, as fully as if set out in the granting clause, when on the whole instrument the intention of the parties is sufficient ly expressed to be enforced."); Price v. Johnson, 78 N.M. 123 , 428 P.2d 978, 980-81 (1967) (recognizing that "where a deed is susceptible to alternative construction, the construction most favorable to the grantee will be adopted," but still finding that in light of "the modern rule" the reservation in the habendum at issue was not

2015Ass'n, 120 Ky. 413 , 86 S.W. 1111, 1112 (1905) ("[Rleservations or exceptions are enforced, although contained in the habendum clause of the deed, as fully as if set out in the granting clause, when on the whole instrument the intention of the parties is sufficient ly expressed to be enforced."); Price v. Johnson, 78 N.M. 123 , 428 P.2d 978, 980-81 (1967) (recognizing that "where a deed is susceptible to alternative construction, the construction most favorable to the grantee will be adopted," but still finding that in light of "the modern rule" the reservation in the habendum at issue was not

2008Robins Co., Inc., 684 P.2d 187, 214 (Colo.1984); Carlson v. McCoy, 193 Colo. 391, 393-94 , 566 P.2d 1073, 1075 (1977).

2008Robins Co., Inc., 684 P.2d 187, 214 (Colo.1984); Carlson v. McCoy, 193 Colo. 391, 393-94 , 566 P.2d 1073, 1075 (1977).

2008Robins Co., Inc., 684 P.2d 187, 214 (Colo.1984); Carlson v. McCoy, 193 Colo. 391, 393-94 , 566 P.2d 1073, 1075 (1977).

2005As the Third Circuit Court of Appeals noted in Chemical Leaman Tank Lines, Inc. v. Aetna Casualty & Surety Co., 177 F.3d 210, 220 (3d Cir.1999), “If there is no final judgment outstanding into which the defense of lack of jurisdiction can merge and proceedings are continuing; res judicata [and collateral estoppel do] not operate to -bar consideration of a challenge to the jurisdiction of the court.” See also In re Marriage of Mallon, supra (noting that the modern rule gives finality substantially greater weight than validity).

2004E.g., Gray v. Bryant, 125 So.2d 846, 851 (Fla.1960) (noting that "the modern doctrine favors the presumption that constitutional provisions are intended to be self-operating"); Russell, 101 N.E.2d at 291 (stating that "the presumption now is that all provisions of the constitution are self-executing"); Beatty v. Wittekamp, 171 S.C. 326 , 172 S.E. 122, 125 (1933) (declaring that "[t]he general presumption of law is that all constitutional provisions are self-executing"); see generally 16 Am.Jur.2d Constitutional Law § 100 (1998).

2004E.g., Gray v. Bryant, 125 So.2d 846, 851 (Fla.1960) (noting that "the modern doctrine favors the presumption that constitutional provisions are intended to be self-operating"); Russell, 101 N.E.2d at 291 (stating that "the presumption now is that all provisions of the constitution are self-executing"); Beatty v. Wittekamp, 171 S.C. 326 , 172 S.E. 122, 125 (1933) (declaring that "[t]he general presumption of law is that all constitutional provisions are self-executing"); see generally 16 Am.Jur.2d Constitutional Law § 100 (1998).

1993Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 375 , 60 S.Ct. 317, 319 , 84 L.Ed. 329, 333 (1939) (“it is manifest from numerous decisions that an all-inclusive statement of a principal of absolute retroactivity cannot be justified.”).

1993Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 375 , 60 S.Ct. 317, 319 , 84 L.Ed. 329, 333 (1939) (“it is manifest from numerous decisions that an all-inclusive statement of a principal of absolute retroactivity cannot be justified.”).