OTT v. EDWARDS

No. 21827.

420 P.2d 837 (1966)

Shirley OTT, Plaintiff in Error, v. Roy E. EDWARDS and Carolyn M. Edwards, Defendants in Error.

Supreme Court of Colorado, En Banc.

December 5, 1966.


Attorney(s) appearing for the Case

Francis R. Salazar, Carl L. Harthun, Denver, for plaintiff in error.

No appearance for defendants in error.


FRANTZ, Justice.

One Thompson executed a $5000 note in favor of Ott and secured the obligation by a deed of trust on property described as Lot 3, Block 68 of a certain addition. The parties intended, however, that Lot 33 be the mortgaged or securing property. Roy E. and Carolyn M. Edwards subsequently purchased Lot 33 from Thompson.

Thompson defaulted on his obligation and Ott commenced two proceedings against Thompson and the Edwards: one, pursuant to R.C...

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