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Keywords

plaintiffdefendantstatuteappealtrialmotionstatute of limitations
defendantstatutetestimonypleamotionappellee

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Page v. Gillett, 47 Colo. 289, 107 P. 290

Facts

The plaintiffs brought an action to recover 160 acres of land, claiming to own it in fee. The defendant admitted the description of the land and possession but denied the plaintiffs' allegations. The defendant claimed title through various tax deeds issued by the county treasurer, arguing that he had continuous possession and had paid all subsequent taxes. The trial court found in favor of the defendant, leading to the plaintiffs' appeal.

For answer and a first defense to the complaint defendant, appellee here, admits the description of the land and possession, but denies all other allegations.

Issue

The main legal issue was whether the tax deeds presented by the defendant were valid and whether the statute of limitations applied to the claims made by the plaintiffs.

The first contention is that each of the deeds offered and received in evidence, to support the several defenses, is void on its face, because they each show that the property conveyed is noncontiguous, being located in different sections, townships and ranges, and was sold en masse for a gross sum.

Rule

The court ruled that tax deeds must be valid and that a void deed does not set in motion the statute of limitations. The law requires that each tract of land must be valued and assessed separately unless they are adjoining and returned by the same person.

A void deed does not set in motion this statute.

Analysis

The court analyzed the validity of the tax deeds and determined that they were void because they conveyed noncontiguous property sold en masse for a gross sum. The court emphasized that the law mandates separate valuation and assessment of each tract, and since the deeds did not comply with this requirement, they were incompetent as evidence. The court also noted that the statute of limitations does not apply to void deeds.

Under the pleadings the reliance of defendant to establish his title is alone upon these tax deeds. Since they are void because of their own recitals, they were not competent in testimony.

Conclusion

The court concluded that the tax deeds were void and reversed the lower court's judgment, remanding the case for further proceedings consistent with its findings.

The case is reversed and remanded for further proceedings, in conformity with the law as here announced.

Who won?

The plaintiffs prevailed in the appeal because the court found the tax deeds relied upon by the defendant to be void, thus invalidating the defendant's claim to the property.

The court ultimately reversed the lower court's judgment, finding the tax deeds void and remanding the case for further proceedings.

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