Chappell v. Bonds

KELLY, Judge.

Plaintiffs appeal an adverse summary judgment entered on their quiet title claim and an order dismissing their second amended complaint and awarding attorneys’ fees to defendants Jerald and Sarah Bonds pursuant to § 13-17-101, C.R.S.1973 (1982 Cum.Supp.). We affirm in part and reverse in part.

This case arises from a dispute over the boundary separating property owned by the Bonds from an adjoining parcel owned by the plaintiffs. Originally both parcels were owned by Serena Chappell and J. Dale Chappell, plaintiffs’ predecessors in interest. In 1963 the Bonds parcel was sold to…