Empire Ranch & Cattle Co. v. Battelle

Action to remove cloud from title. Prom judgment in favor of plaintiff defendant appeals.

1. That the owner and holder of a promissory note secured by deed of trust on land has sufficient interest in the property to enable him to maintain a suit to remove a cloud from the title, caused by a void tax deed, is settled by the supreme court of this state in Munson v. Marks, 52 Colo., 553, 124 Pac., 187.

2. The county court decree purporting to quiet title in defendant, when' offered by it to show title or as an estoppel, without being accompanied by the judgment roll or proceedings leading up to…