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PLACE v. CARMACK

No. 73-122.

522 P.2d 592 (1974)

Roy V. PLACE, Executor of the Estate of Gladys Breeden, Deceased, Plaintiff-Appellant, v. Lyda Jean CARMACK, a/k/a Lyda Jean Tubbs, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 16, 1974.

Certiorari Granted June 10, 1974.

Attorney(s) appearing for the Case

Moyers, Kirkman & Henley, William H. Kirkman, Jr., Colorado Springs, for plaintiff-appellant.

Walton, Tammen & Hudson, Jack L. Hudson, Colorado Springs, for defendant-appellee.

Selected for Official Publication.

ENOCH, Judge.

Roy V. Place, executor of the estate of Gladys Breeden, appeals from a judgment dismissing his quiet title action against Lyda Jean Carmack. We reverse.

The facts stipulated by the parties show that in 1946 the subject property was deeded to Gladys Breeden and her husband Orville as joint tenants. This deed was duly recorded. The Breedens occupied the property until June 8, 1971, the date of Orville...

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