Levy v. Welsh

COYTE, Judge.

In this C.R.C.P. 105 action, the trial court granted defendant Welsh’s motion for summary judgment. Plaintiff Levy appeals. We reverse and remand to the trial court for a new trial.

Plaintiff sought to quiet title against defendant, who had acquired a treasurer’s deed in 1965, to a tract of land in Adams County which plaintiff had purchased in 1958, and prayed for damages for withholding possession. After trial the court determined that the description of the property contained in the treasurer’s deed was defective and quieted title in plaintiff. In an opinion not selected for…