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MIDDLEMIST v. MOSIER

No. 20247.

377 P.2d 110 (1962)

Louis S. MIDDLEMIST, as Public Trustee of the City and County of Denver, Colorado, and Frieda A. Finley, Plaintiffs in Error, v. Clyde F. MOSIER, Audrey Mosier, and M and S Investment Company, a co-partnership, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied January 7, 1963.

Attorney(s) appearing for the Case

Richard Mackey, Denver, for plaintiff in error Frieda A. Finley.

No appearance for defendant in error.

MOORE, Justice.

Defendants in error, to whom we will refer as plaintiffs, filed their complaint in the district court against Frieda A. Finley and Louis S. Middlemist, as public trustee, to enjoin the holding of a foreclosure sale under the terms of a deed of trust in which Frieda A. Finley was the beneficiary. At the time the action was filed, foreclosure proceedings had been commenced by Frieda who claimed that a payment of $75.00 which was due September 24, 1960...

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