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JOHNSON v. MOUNTAIN SAVINGS AND LOAN ASSOCIATION

No. 21562.

426 P.2d 962 (1967)

Ray JOHNSON, and Nona Ruth Johnson, Plaintiffs in Error, v. MOUNTAIN SAVINGS AND LOAN ASSOCIATION, a Colorado Corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied May 22, 1967.

Attorney(s) appearing for the Case

Fairchild & Emeson, Denver, for plaintiffs in error.

Neil C. King, Peter C. Dietze, Boulder, for defendant in error.

SUTTON, Justice.

Defendant in error, Mountain Savings and Loan Association, brought an action in unlawful detainer to require plaintiffs in error, Ray and Nona Ruth Johnson, to vacate certain premises in Adams County, Colorado, to which the Association claimed title. The Johnsons filed a cross-claim urging that foreclosure of the deed of trust, by which the Association gained title, was invalid because of their asserted homestead rights. After the case was at issue...

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