COLE v. COLORADO SPRINGS COMPANY

No. 20007.

381 P.2d 13 (1963)

Robert E. COLE, Plaintiff in Error, v. The COLORADO SPRINGS COMPANY, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 13, 1963.


Attorney(s) appearing for the Case

Robert E. Cole, plaintiff in error, pro se.

Murray, Baker & Wendelken, Colorado Springs, for defendant in error.

Robert W. Johnson, Bennett & Heinicke, Colorado Springs, amici curiae.


FRANTZ, Chief Justice.

Has the trial court pending before it a justiciable controversy when a party seeks to quiet the title to realty against which it is asserted there is a condition subsequent, although the condition has not as yet been violated, but which condition, it is alleged in a reply to the answer setting forth the existence of the condition subsequent, has been nullified and rendered ineffectual by certain conduct of the reversioner? This is the issue...

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