LEVY v. WELSH

No. 77-825.

612 P.2d 1135 (1978)

Robert G. LEVY, Plaintiff-Appellee, v. Gerald E. WELSH, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 13, 1978.

Certiorari Granted January 15, 1979.


Attorney(s) appearing for the Case

Miller & Miller, Edward Miller, Wesley A. Miller, Denver, for plaintiff-appellee.

Davis, Graham & Stubbs, John M. Sayre, Felicity Hannay, Denver, for defendant-appellant.


COYTE, Judge.

In this C.R.C.P. 105 action, the trial court granted defendant Welsh's motion for summary judgment. Plaintiff Levy appeals. We reverse and remand to the trial court for a new trial.

Plaintiff sought to quiet title against defendant, who had acquired a treasurer's deed in 1965, to a tract of land in Adams County which plaintiff had purchased in 1958, and prayed for damages for withholding possession. After trial the court determined that the description...

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