Crosby v. Gateway Motel, Inc.

Opinion by

Mr. Justice Pringle.

This is a suit brought by Charles D. Crosby against Gateway Motel, Inc. and C. S. Dawn for conversion of 144 shares of stock in the Fort Lyon Canal Company. The parties appear here in the same position as in the trial court and they will be referred to as plaintiff and defendants, or by name.

In 1956, Crosby sold a tract of land (“tract A”) in Bent County, Colorado to William R. Jones, Sr. and his wife, Cora C. Jones. Jones executed a note and deed of trust on tract A to Crosby for $13,000. In 1957, Jones desired to purchase an adjoining piece of property (“tract…