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MARTINEZ v. MARTINEZ

No. 80CA0087.

638 P.2d 834 (1981)

Elfego MARTINEZ, Plaintiff-Appellant, v. J. Paul MARTINEZ, and The Federal Land Bank Association, and all persons who claim as heirs, devisees, assignees, creditors, or otherwise under said Defendant and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

November 27, 1981.

Attorney(s) appearing for the Case

Bruce J. Meyer, Alamosa, for plaintiff-appellant.

George H. Ottenhoff, Alamosa, for defendants-appellees.

COYTE, Judge.

Plaintiff, Elfego Martinez, appeals from a judgment entered in a partition suit. We reverse.

Plaintiff and J. Paul Martinez (defendant), brothers, purchased a 320-acre farm in Alamosa County in 1946 for which they agreed to pay $13,000. They took title to the property as tenants in common. The evidence is clear that they intended to own the property equally, each owning an undivided one-half interest. The property was purchased some 33 years...

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