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HASTINGS v. SECURITY THRIFT & MORTGAGE COMPANY

No. 19065.

357 P.2d 919 (1960)

Max D. HASTINGS and Lulu Mae Hastings, Plaintiffs in Error, v. SECURITY THRIFT & MORTGAGE COMPANY, a Colorado corporation, and Ben H. Tyler, Public Trustee of the County of Adams, State of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 9, 1961.

Attorney(s) appearing for the Case

William Pehr, Westminster, for plaintiffs in error.

Quiat, Seeman & Quiat, L. A. Hellerstein, William F. Schenkein, Denver, for defendants in error.

KNAUSS, Justice.

We will refer to plaintiffs in error as the Hastings; to defendant in error Security Thrift & Mortgage Company as Security, and to Ben H. Tyler as Public Trustee. The record and stipulated facts disclose that Security held a deed of trust on certain real estate in Adams County, Colorado to secure an indebtedness of the Hastings. The deed of trust being in default, Security filed in the Denver District Court a motion under Rule 120 R.C.P.Colo....

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