Twin Lakes Reservoir & Canal Co. v. Bond, 20500

• Decision Date: 08 March 1965
• Docket Number: No. 20500,20500
• Citation: 156 Colo. 433,399 P.2d 793
• Parties: TWIN LAKES RESERVOIR AND CANAL COMPANY, the Colorado National Bank of Denver, the Connecticut Mutual Life Insurance Company, Plaintiffs in Error, v. Eugene A. BOND, Defendant in Error.
• Court: Colorado Supreme Court

Page 793

399 P.2d 793

156 Colo. 433

TWIN LAKES RESERVOIR AND CANAL COMPANY, the Colorado National Bank of Denver, the Connecticut Mutual Life Insurance Company, Plaintiffs in Error, v. Eugene A. BOND, Defendant in Error.

No. 20500.

Supreme Court of Colorado, En Banc.

March 8, 1965.

Thulemeyer & Stewart, La Junta, Yegge, Hall & Shulenburg, Raymond J. Connell, Denver, for plaintiffs in error.

W. David McClain and Eugene A. Bond, Denver, for defendant in error.

PRINGLE, Chief Justice.

The plaintiffs in error, Twin Lakes Reservoir and Canal Company, The Colorado National Bank of Denver and the Connecticut Mutual Life Insurance Company, were defendants below and will be referred to here as Twin Lakes, the Bank and the Insurance Company. The defendant in error, Eugene A. Bond, was plaintiff below and will be referred to as Bond.

The controversy here arises as a result of an action filed by Bond to remove an alleged cloud upon the title to a 110 acre tract of land in Lake County, Colorado, which Bond contends arose by reason of a trust deed issued by Twin Lakes. In November of 1945, Twin Lakes made the deed of trust in question to the Bank as trustee as security for bonds which Twin Lakes had issued and delivered to the Reconstruction Finance Corporation. The bonds are presently held by the Insurance Company.

At the time the deed of trust was issued, Twin Lakes had no interest in the subject property, but the deed of trust did contain a clause encumbering after-acquired property.

In 1949, Twin Lakes and Bond each acquired a one-half interest in the subject property by separate deeds. On July 7, 1951, Twin Lakes conveyed its one-half interest to Bond; and, as part of the same transaction, it contracted to procure a record release 'of any mortgages now existing upon any of the property * * * conveyed * * *.' This action was brought by Bond, on January 20, 1960, because Twin Lakes had not obtained a release of the 1945 deed of trust.

Bond's action consisted of two claims. The first claim was a quiet title action in which he alleged that the property in question was not subject to the deed of trust. He contended that, when Twin Lakes acquired its one-half interest in 1949, that interest did not come under the after-acquired property provisions of the deed of trust, because the deed of trust covered only Twin Lakes' reservoir and irrigation system, and the subject property was not part of the system.

In his second claim, Bond sought $100,000 damages from Twin Lakes, the Bank, and the Insurance Company, contending that Twin Lakes had breached its agreement to procure a release of the trust deed insofar as it affected his property. His reasoning was--whether the deed of trust be considered a lien or mere cloud on his title--he had been damaged by its existence of record; and that its continued existence was due to the concerted efforts of all three defendants.

The trial court held that the Bank, the Insurance Company and Twin Lakes had no right, title, or interest in the subject property by reason of the deed of trust, and then awarded Bond $100 as nominal damages against Twin Lakes on the second claim.

Twin Lakes, the Bank and the Insurance Company sue out writ of error. The contentions advanced by the several plaintiffs in error are as follows:

1. That the court erred in denying Twin Lakes' motion for a change of venue on the second claim;

2. That there was a misjoinder of claims and of parties;

3. That there were not sufficient findings of fact to support the judgment of the court;

4. That the court erred in quieting title against Twin Lakes, since title had already been quieted in Bond against Twin Lakes in a prior action; and

5. That the Statute of Limitations had run against any claim for damages by Bond against Twin Lakes.

Bond alleged cross error, contending that he should have been awarded substantial compensatory damages instead of nominal damages.

Twin Lakes' first contention is that its motion to change the venue of the second claim was erroneously denied. The trial was held in Lake County and the location of the subject property is in Lake County. It is clear, therefore, that the proper venue for the claim to quiet the title to the property was laid in Lake County. Rule 98(a), R.C.P.Colo. The second claim for relief arose out of the same set of circumstances which gave rise to the first claim for relief. Under such conditions where the venue of one claim for relief is properly laid in the county in which it is brought, a court should not, except under extraordinary circumstances, change the venue of another claim properly joined with the first claim.

The second error assigned by plaintiffs in error is the trial court's refusal to find a misjoinder of the two claims and a misjoinder of parties. Rule 18(a), R.C.P.Colo., allows the joinder of as many claims as a plaintiff has, when there are multiple parties, if the requirements of Rule 20, R.C.P.Colo., are met. Rule 20(a), R.C.P.Colo., allows the joinder of multiple parties:

'* * * in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions of occurrences and if any question of law or fact common to all of them will arise in the action. * * *'

Clearly, both claims here involved the same series of transactions: the breach of the 1951 contract gave rise to both the cloud on Bond's title, and his resulting claim of damages. Equally clear is the fact that the two claims involved common questions of fact and law: e. g. it was necessary to decide in both claims whether the deed of trust was a valid...