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SPARKS v. RATHBUN

No. 20225.

381 P.2d 812 (1963)

Everett H. SPARKS, Plaintiff in Error, v. Floyd L. RATHBUN, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied June 3, 1963.

Attorney(s) appearing for the Case

Petersen, Evensen & Mattoon, Pueblo, for plaintiff in error.

Charles D. Pierce, Pueblo, for defendant in error.

HALL, Justice.

The parties appear here in reverse order to their appearance in the trial court. We refer to them by name.

On December 29, 1960, Rathbun commenced this action seeking to recover from Sparks possession of two diamond rings and a wrist watch.

Sparks by answer set up as an affirmative defense the fact that the rings and watch were delivered and pledged to him by Rathbun as security for an indebtedness, and that said indebtedness has never...

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