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SWOFFORD v. COLORADO NAT. BANK OF DENVER

No. 80CA0789.

628 P.2d 184 (1981)

John F. SWOFFORD, Plaintiff-Appellee, v. The COLORADO NATIONAL BANK OF DENVER, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

April 16, 1981.

Attorney(s) appearing for the Case

Richard E. Falcone, Colorado Springs, for plaintiff-appellee.

Davis, Graham & Stubbs, A. Bruce Campbell, Steven J. Merker, Denver, for defendant-appellant.

VAN CISE, Judge.

John F. Swofford brought an action under C.R.C.P. 105, naming the Colorado National Bank of Denver (the bank) as a defendant, seeking a judgment that he is the owner of Lot 555 in the Woodmoor Greens Subdivision by virtue of a treasurer's deed issued to him because of the titled owners' failure to pay back taxes. The bank appeals from the granting of Swofford's motion for summary judgment. We reverse.

In 1972, William and Peggy Phillips purchased...

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