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BENWAY v. NATIONAL STATE BANK OF BOULDER

No. 19180.

357 P.2d 912 (1960)

Elmer F. BENWAY, Plaintiff in Error, v. NATIONAL STATE BANK OF BOULDER (Colo.), a national banking association as Conservator of the Estate of Libbie Benway, Ward; and Prudence Carrie Benway Hilty, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 9, 1961.

Attorney(s) appearing for the Case

Lesher, Schmidt & Van Cise, Denver, for plaintiff in error.

Sanford D. Coleman, Boulder, for defendant in error, Prudence Hilty.

KNAUSS, Justice.

The parties to this writ of error are here in inverse order of their appearance in the trial court. Two separate actions are here involved, each embracing the same issues but referring to different parcels of real estate, one designated as the Boulder, Colorado property, the other as the New York real estate. By consent both actions were consolidated for trial. From a judgment and decree in favor of plaintiff the defendant brings error.

The...

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