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AMERICAN HERITAGE BANK & TRUST CO. v. TREES

No. 74-082.

532 P.2d 380 (1974)

AMERICAN HERITAGE BANK & TRUST CO., Plaintiff-Appellee, v. Marlys J. TREES, Defendant-Appellant, and L. & J. Inc., d/b/a Peak View Liquors, and Clyde M. Trees, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 14, 1975.

Certiorari Denied March 17, 1975.

Attorney(s) appearing for the Case

Donald E. La Mora, Colorado Springs, for plaintiff-appellee.

Raymond Duitch, Colorado Springs, for defendant-appellant.

Selected for Official Publication.

COYTE, Judge.

This is an appeal from a judgment of the trial court disallowing a homestead claim of exemption. We reverse.

On April 3, 1972, Clyde M. Trees recorded a homestead on property owned by him and his wife, defendant-appellant. On April 20, 1972, plaintiff obtained a judgment against defendants Clyde M. Trees and Marlys J. Trees as guarantors of an obligation of L. & J., Inc. An execution was issued from...

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