STINNETT v. MODERN HOMES, INC.

No. 18760.

350 P.2d 197 (1960)

Harold D. STINNETT, Plaintiff in Error, v. MODERN HOMES, INC., Louis C. Martin, Clara M. Martin, Midland Federal Savings & Loan Association, Robert E. Lee, as Public Trustee, and John A. Vancil, Defendants in Error.

Supreme Court of Colorado, In Department.

As Modified on Denial of Rehearing March 28, 1960.


Attorney(s) appearing for the Case

Richard N. Graham, Englewood, Colo., for plaintiff in error.

Knight, Lesher & Schmidt, Philip G. Gregg, Denver, Colo., for defendant in error Midland Federal Savings & Loan Ass'n.

Golding Fairchild, Royal C. Rubright, of Fairfield & Woods, Denver, Colo., amici curiae.


MOORE, Justice.

Although several defendants in error are named in the caption of this cause, only one of them is before us in this review on writ of error, namely Midland Federal Savings & Loan Association, hereinafter referred to as Midland. Plaintiff in error will be referred to as Stinnett.

The facts pertinent to the controversy are simple and undisputed. Midland is the beneficiary under a deed of trust dated January 24, 1954, and recorded January 29...

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