Cristler v. Beardsley

• Decision Date: 12 January 1914
• Citation: 138 P. 68,25 Colo.App. 369
• Parties: CRISTLER v. BEARDSLEY.
• Court: Colorado Court of Appeals

138 P. 68

25 Colo.App. 369

CRISTLER v. BEARDSLEY.

Court of Appeals of Colorado

January 12, 1914

Appeal from District Court, Washington County; H.P. Burke, Judge.

Action by M.C. Cristler against Frank C. Beardsley. From a judgment for defendant, plaintiff appeals. Reversed and remanded.

Chalkley A. Wilson and Asher B. Wilson, both of Akron, for appellant.

E.K Robinett, of Colorado Springs, and Isaac Pelton, of Akron for appellee.

BELL J.

This action was brought July 1, 1910, in the district court of Washington county, under section 255, Mills' Ann.Code, to quiet the title to the N.W. 1/4 of section 19, township 3 N R. 49, in Washington county, Colo. The appellee, defendant below; answered, and exhibited his alleged title, a pretended treasurer's tax deed, which was void upon its face and admitted in evidence only as color of title. He also set up the five and seven years statutes of limitations and a payment of taxes under the seven-year statute under claim and color of title made in good faith continuously for seven successive years, and also set up other defenses not material to consider herein. The case was tried to the court without a jury, and resulted in quieting the title of the appellee.

At the trial the appellee neither tendered nor introduced any proof, except his color of title and the payment of taxes assessed against said premises from 1901 to 1909, both inclusive, the first payment being made July 19 1902, and admitted in evidence over the objection of appellant, and the last being made March 17, 1910.

The tax deed relied upon and the payment of taxes thereunder were governed by the statute of 1901, then in existence. Section 121, p. 303, of this act provides that, as soon as practicable after the taxes are levied, and at the furthest on or before the 1st day of January, annually, the tax list and warrant shall be delivered to the treasurer, commanding him to collect said taxes; section 10, page 242, provides that, on or before the last day of February, one-half of all taxes shall be due and payable, and the other half shall be due and payable on or before the last day of July of the year following the one in which they were assessed; section 11 page 243, makes the first installment of one half of the taxes delinquent on March 1st, and assesses a penalty against such delinquent installment of 1 per cent. for each month or fractional part thereof until paid, and makes the other half delinquent on August 1st; and additional penalties are imposed by the act for the...