Ott v. Edwards

One Thompson executed a $5000 note in favor of Ott and secured the obligation by a deed of trust on property described as Lot 3, Block 68 of a certain addition. The parties intended, however, that Lot 33 be the mortgaged or securing property. Roy E. and Carolyn M. Edwards subsequently purchased Lot 33 .from Thompson.

Thompson defaulted on his obligation and Ott commenced two proceedings against Thompson and the Edwards: one, pursuant to R.C.P. Colo. 120, and the other, a suit on the note in which he sought also to have the deed of trust reformed. Ott obtained a judgment on the note and…