JELEN AND SON v. KAISER STEEL

No. 89CA1649.

807 P.2d 1241 (1991)

JELEN AND SON, INC., Plaintiff-Appellant, v. KAISER STEEL CORPORATION, a Delaware corporation; Groves/Calder Joint Venture, a Colorado general partnership; S.J. Groves & Sons Company, a Minnesota corporation; Calder & Company, a Colorado limited partnership, formerly a Colorado general partnership; Western States Mineral Corporation, a Utah corporation; G-C Partnership, Ltd., a Colorado limited partnership; Shirley Zubal, Public Trustee of Huerfano County; the Rocky Mountain Fuel Company, a Delaware corporation; Mineral Resources Land Company, a Colorado corporation, and Jack R. Eatherton and Darry A. Ferguson, individually; Colorado Coal Resources Company, a Colorado limited partnership; Permwinn Corporation, a Colorado corporation; Charter Colorado Resources Company, a Florida corporation; Anthony Abeyta, Public Trustee of Las Animas County; Dr. Eustace H. Winn, Jr.; Union Planters National Bank of Memphis, Tennessee; Dorn L. Schmidt; Eustace H. Winn, Sr.; SPS Industries, Inc., a Texas corporation; Perma Resources Corporation, a Colorado corporation; Domenic Leone Construction Company, a Colorado corporation; H.H. Champlin, III; S.F. Henderson; Robert Mapes; James F. Adams; Joel Price; T.B. Harris, Jr.; Jack Ferchau; Quixx Corporation, a Texas corporation; All Unknown Persons Who May Claim an Interest in the Property Which is the Subject of This Action, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 21, 1991.


Attorney(s) appearing for the Case

Holley, Albertson & Polk, P.C., George Alan Holley and Scott D. Albertson, Golden, for plaintiff-appellant.

Moye, Giles, O'Keefe, Vermeire & Gorrell, Erik K. Foster and Dwight K. Shellman, III, Denver, for defendants-appellees SPS Industries, Inc. and Quixx Corp.

Pendleton & Sabian, P.C., Jeffrey R. Fiske and Keith M. Crough, Denver, for defendant-appellee Charter Colorado Resources Co.

No appearance for the remaining defendants-appellees.


Opinion by Judge PLANK.

Jelen & Son, Inc., appeals the trial court's judgment requiring a remote grantee to convey realty to Jelen while leaving certain intervening interests intact. We reverse.

The action was resolved upon undisputed facts. In 1977, Jelen conveyed an interest in specified mineral rights to Groves/Calder Joint Venture, a general partnership, by general warranty and quitclaim deeds. The pertinent language of the general warranty deed provides...

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