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HENDRICKSON v. ALPERT

No. 21349.

412 P.2d 433 (1966)

Harry J. HENDRICKSON, Plaintiff in Error, v. Sanford ALPERT, and Joanna Shew, as Public Trustee of Las Animas County, Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

March 28, 1966.

Attorney(s) appearing for the Case

Franklin W. Azar, Trinidad, for plaintiff in error.

Arthur W. Zarlengo, C. Mert Reese, Denver, for defendant in error Sanford Alpert.

DAY, Justice.

We will refer to the parties by name.

Hendrickson instituted an action in the district court of Las Animas County to enjoin the public trustee from selling the former's property under foreclosure proceedings instituted by Alpert. The latter had purchased a $30,000 promissory note which Hendrickson had made to Waco Oil Corporation through its president and alter ego, one Griffith. Security for the note was a

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