Swofford v. Colorado National Bank of Denver

VAN CISE, Judge.

John F. Swofford brought an action under C.R.C.P. 105, naming the Colorado National Bank of Denver (the bank) as a defendant, seeking a judgment that he is the owner of Lot 555 in the Woodmoor Greens Subdivision by virtue of a treasurer’s deed issued to him because of the titled owners’ failure to pay back taxes. The bank appeals from the granting of Swofford’s motion for summary judgment. We reverse.

In 1972, William and Peggy Phillips purchased Lot 555 from the Woodmoor Corporation (Woodmoor). They executed and delivered a promissory note for $11,025 payable to the order of…