Travelers Insurance Co. v. Janitell Farms, Inc.

COYTE, Judge.

In this consolidated action, Janitell Farms, Inc. appeals the summary judgment of the trial court dismissing its complaint for declaratory judgment or alternatively for order vacating judicial sale. We reverse.

Defendants owned extensive real estate and water rights in El Paso County. They obtained a loan from Travelers Insurance Company which was secured by a deed of trust on the property. On October 6, 1976, Travelers commenced an action seeking a judgment on its note for the amount due and to foreclose the deed of trust. On October 28, 1977, a final consent judgment was entered…