JOHNSON v. SMITH

Nos. 80CA0932, 80CA0966 and 80CA1024.

651 P.2d 422 (1982)

Gwendolyn G. JOHNSON and Roger W. Johnson, Plaintiffs-Appellees, v. James A. SMITH; Marshall Young; Jack J. Hull; Realty-In-The-Rockies, Inc., a Colorado Corporation; C. V. Lindsey; Mattie Ethel Lindsey, individually; Mattie Ethel Lindsey, as Executrix of the B. G. Lindsey Estate; the B. G. Lindsey Estate; P. E. Lindsey, as Executor of the Ruby Parker Lindsey Estate; the Ruby Parker Lindsey Estate; Central Bank of Colorado Springs, a Colorado Banking Institution; Gerald L. Montney; Connie Copenhaver, as Public Trustee of Teller County, Colorado; Central Telephone and Utilities Corporation, a Colorado Corporation; Don Sayre; Charlotte White; Mary Armstrong; Randle W. Case; P. B. H., Inc., a Colorado Corporation; A. C. R. Electronics, Inc., a Florida Corporation; and all unknown persons who may claim any interest in the subject matter of this action, Defendants, and Rayford Investment Company, Inc., a Louisiana Corporation, and C. Bryant Reber, Trustee, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearings Denied May 27, 1982.

Certiorari Granted in Part and Denied in Part September 7, 1982.


Attorney(s) appearing for the Case

Ware & Marroney, David E. Ware, Pueblo, for plaintiffs-appellees.

L. Douglas Beatty, Colorado Springs, for defendant-appellant Rayford Investment Co., Inc.

Newman E. McAllister, Colorado Springs, for defendant-appellant C. Bryant Reber.


VAN CISE, Judge.

This is an action to quiet title to certain real property known as the "Lindsey property," which was the subject of a public trustee foreclosure sale. Defendant Rayford Investment Co. (Rayford), assignee of the certificate of purchase, and defendant C. Bryant Reber, the most junior lienor, appeal a judgment entered in favor of plaintiffs, Gwendolyn G. and Roger W. Johnson, redeeming judgment lienors. We reverse.

On May 10, 1978, the property...

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