HESTER v. SCHMADEKE

No. 20015.

371 P.2d 784 (1962)

Essie J. HESTER and Kirby F. Kistler, Plaintiffs in Error, v. David SCHMADEKE and Lena Schmadeke, Defendants in Error.

Supreme Court of Colorado. En Banc.

May 28, 1962.


Attorney(s) appearing for the Case

Francis D. Reibscheid, Jacques A. Machol, Jr., Denver, for plaintiffs in error.

Roepnack & Orahood, Arvada, for defendants in error.


HALL, Justice.

The parties appear here in reverse order of their appearance in the trial court. We refer to plaintiffs in error as mortgagors or by name, and to the defendants in error as mortgagees.

On August 16, 1961, the mortgagees commenced proceedings through the public trustee for the foreclosure of a deed of trust executed by Hester to secure the payment of her note on which there was then due an unpaid balance of some $7000.00. Proceedings were commenced...

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