BS & C Enterprises, L.L.C. v. Barnett
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge WEBB.
In this C.R.C.P. 105 quiet title action, defendant, Douglas K. Barnett, appeals the trial court's order denying his motion to set aside a judgment entered by default in favor of plaintiff, BS & C Enterprises, LLC. We reverse and remand for a hearing on entry of default judgment.
Barnett was the beneficiary of a deed of trust encumbering the subject property, located in Clear Creek County. BS & C hired the county sheriff to serve him at the Morgan County address listed on the deed of trust. The sheriffs return of service stated, "After diligent effort, a deputy was unable…
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