Kerns v. Bank of Manitou

We refer to the parties to this litigation by name, or as they were designated in the trial court.

Kerns, on June 18, 1948 filed a complaint against the bank alleging that he negotiated with said bank in September, 1946 for a quitclaim deed to a certain tract of land in El Paso County, Colorado, believing that the boundaries of said land were other than they actually *321were, and that upon this land there was located a stone foundation, retaining wall, etc. Plaintiff obtained a quitclaim deed from the bank in September, 1946. Further he alleged that in January, 1948 he had reason to believe that…