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ELLICKSON v. DULL

No. 73-118.

521 P.2d 1282 (1974)

Oakley ELLICKSON, Plaintiff-Appellant, v. Oscar DULL, Jr. and Juanita Frey Dull, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

April 30, 1974.

Attorney(s) appearing for the Case

Goodbee & Mason, Wendell R. Goodbee, Colorado Springs, for plaintiff-appellant.

Asher, Kraemer & Kendall, Sandy F. Kraemer, Colorado Springs, for defendants-appellees.

Selected for Official Publication.

COYTE, Judge.

Plaintiff purchased a tract of land which was conveyed to him by a warranty deed that contained the following exception to the warranty of title:

"... except Trust Deed dated February 27, 1970, from Clyde M. Trees and Marlys J. Trees for the use of Cecil M. Ver Duft and O. L. Clark, which grantee assumes and agrees to pay."

Plaintiff subsequently divided the land into three separate parcels...

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