Wellshire Land Co. v. City & County of Denver

delivered the. opinion of the court.

Plaintiff in error is hereinafter referred to as the company and defendant in error as the city.

The city bought land of the company “free and clear from all former * * * liens, taxes, assessments and incumbrances.” But on the date of the deed the 1936 tax, in the sum of $1261.24, had been assessed and the lien thereof had attached. The property was situate in Arapahoe, county, which, on sale for the tax, took the certificate. The city brought this action in specific performance to enforce its warranty. After the execution of the deed the company was…