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RESER v. ASPEN PARK ASS'N

No. 84CA0376.

727 P.2d 378 (1986)

James F. RESER, Plaintiff-Appellant, v. ASPEN PARK ASSOCIATION, an unincorporated association, and their successors and beneficiaries; Mrs. M.H. Brand, individually and as trustee for Aspen Park Association; State of Colorado; Stirling Cooper; Theo Cooper, individually and as trustee for Aspen Park Association; Theodore Cooper, individually and as trustee for Aspen Park Association; Theodore Cooper, Jr.; Richard D. Lewis; John I. Parks, individually and as trustee for Aspen Park Association; J.T. Parsons, individually and as trustee for Aspen Park Association; John I. Parsons, individually and as trustee for Aspen Park Association; W.H. Twining, individually and as trustee for Aspen Park Association; W.H. Twinning, individually and as trustee for Aspen Park Association; F.D. Willoughby, individually and as trustee for Aspen Park Association; All Unknown Persons Who Claim Any Interest In the Subject Matter of This Action, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 10, 1986.

Attorney(s) appearing for the Case

Clark, Wright & Schumacher, Gary A. Wright, Allen H. Adger, Aspen, for plaintiff-appellant.

Hawley & VanderWerf, Kirk B. Holleyman, Gregory N. Fiske, Denver, for defendant-appellee Richard D. Lewis.

No appearance for other defendants-appellees.

VAN CISE, Judge.

Plaintiff, James F. Reser, brought this action under C.R.C.P. 105, seeking to quiet title in himself in a .4 acre tract of land near Aspen. All of the named defendants except defendant Richard D. Lewis were in default or disclaimed. The trial court found that Reser was the owner of an undivided two-thirds of the property and that defendants Theodore Cooper and John I. Parsons, individually and as trustees of Aspen Park Association, each owned an undivided...

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