Duncan v. Colorado Investment & Realty Co.

These parties appear here in the same order as in the trial court. They are hereinafter referred to as Duncan and the company, respectively.

Duncan brought this action to have his quitclaim deed to the company adjudged a mortgage, the company held to be his tenant, title and income impressed with a trust for his benefit, for an accounting, and for immediate possession and costs. He offered to do equity.

The company in answer pleaded certain statutes of limitation, laches and estoppel, and alleged that the transaction was a straight sale with an option to repur chase. The cause was tried to the…