COLORADO NAT. BANK-EXCHANGE v. HAMMAR

No. 86CA0433.

764 P.2d 359 (1988)

COLORADO NATIONAL BANK-EXCHANGE, f/k/a The Exchange Bank of Colorado Springs, Trustee for the Former Shareholders of Canon Chemical Co., Plaintiff-Appellant, v. Fred W. HAMMAR, Canon City Colorado Investments, a California Partnership, Parcel 17 Partnership, a California Partnership, and Fremont National Bank of Canon City, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 19, 1988.

Certiorari Denied November 14, 1988.


Attorney(s) appearing for the Case

Willaim Gobin Fox, Canon City, for plaintiff-appellant.

Larry Dean Allen, Canon City, for defendants-appellees Fred W. Hammar, Canon City Colorado Investments and Parcel 17 Partnership.

McDermott, Kiehnhoff & Meconi, Rocco F. Meconi, Canon City, for defendant-appellee Fremont Nat. Bank of Canon City.


TURSI, Judge.

Plaintiff, Colorado National Bank Exchange, appeals the summary judgment entered quieting title to a parcel of land in favor of defendant, Fred W. Hammar. It asserts the trial court erred: (1) by applying the doctrine of merger to extinguish its deed of trust on parcel 17, and (2) in determining that it did not have an equitable deed of trust on the property. We affirm.

Plaintiff owned real property in Fremont County, which included certain parcels...

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