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WITTEMYER v. COLE

No. 83CA0980.

689 P.2d 720 (1984)

John WITTEMYER and Nancy Jean Wittemyer, Plaintiffs-Appellees, v. David L. COLE, Defendant-Appellee, and Conrad E. Shuberth, d/b/a C.C.R. Associates, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 16, 1984.

Attorney(s) appearing for the Case

Hurth, Yeager & Sisk, John M. Yeager, Boulder, for plaintiffs-appellees.

Holme, Roberts & Owen, John R. Webb, Denver, for defendant-appellee.

Karsh & Fulton, P.C., Fred Gabler, Denver, for defendant-appellant.

VAN CISE, Judge.

In 1981, an Eagle County treasurer's deed (the tax deed) was issued to defendant Conrad E. Shuberth (tax buyer) upon a tax sale conducted in December 1976 for unpaid taxes for the year 1975. The tax deed purported to convey the common area in the Timbergreen Townhouses subdivision. Claiming that this deed is invalid, plaintiffs, John and Nancy Jean Wittemyer (lot owners), brought this action against David L. Cole (the lot owners' predecessor in title...

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