Maxwell v. District Court in & for the County of Arapahoe, State of Colorado, Eighteenth Judicial District

ROVIRA, Justice.

This is an original proceeding, pursuant to C.A.R. 21, contesting the district court’s jurisdiction to have a hearing on the issue of possession in an unlawful detainer action, to issue a writ of restitution, and to require a bond in the amount of $250,000. We issued a rule to show cause and now discharge the rule.

I

The petitioners entered into a series of real estate transactions with Don Hovde which they claim were based on fraud and misrepresentation. As a result of these transactions, they gave Hovde a promissory note for $85,000 secured by a second deed of trust on their…