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HIMES v. SCHIRO

No. 82CA1276.

711 P.2d 1281 (1985)

Richard Gene HIMES, Carol S. Himes, U.S. Life Title Insurance Company of Dallas, Columbia Savings and Loan Association, a Colorado corporation, and Metropolitan Life Insurance Company, Plaintiffs-Appellees, v. Frank SCHIRO and Rose Schiro, Defendants-Appellants, and Valley Title Company Defendant-Appellee.

Colorado Court of Appeals, Div. I.

November 7, 1985.

Attorney(s) appearing for the Case

Bartley & Glover, R. Allan Glover, Pueblo, for plaintiffs-appellees.

Law Offices of J.E. Losavio, Jr., J.E. Losavio, Jr., Pueblo, for defendants-appellants.

Shaw, Simons & Quigg, P.C., Lewis M. Quigg, Pueblo, for defendant-appellee.

KELLY, Judge.

The trial court entered judgment quieting title to real property in the plaintiffs, Richard and Carol Himes, and granting injunctive relief prohibiting the defendants, Frank and Rose Schiro, from proceeding with foreclosure of a deed of trust on the property. The Schiros assert that the Himes had constructive notice of a defect in the chain of title and that the trial court erred in concluding that the Himes were bona fide purchasers. We agree and therefore...

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