(Download) "Beman v. Rocky ford National Bank." by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Beman v. Rocky ford National Bank.
- Author : Colorado Supreme Court
- Release Date : January 15, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
TO secure a pre-existing indebtedness the plaintiff in error Philip Beman, in 1932, gave to the defendant in error a deed of trust running to the public trustee on certain town lots in Rocky Ford, this deed of trust being a second lien thereon. In the spring of 1933, the defendant in error instituted foreclosure proceedings under the deed of trust and caused the property to be sold by the public trustee subject to the first lien. The redemption period expired on November 13, 1933, but the defendant in error did not take the deed until December 13, 1933. The plaintiffs in error, who were engaged in the garage and automobile business, continued in possession of the property and on July 14, 1934, the defendant in error, before a justice of the peace, instituted unlawful detainer proceedings under the statute against the plaintiffs in error to secure possession of the premises upon which it had foreclosed the deed of trust. The defendant in error in its complaint alleged that on or about November 13, 1933, the parties entered into an oral agreement whereby the premises mentioned were rented to the plaintiffs in error on a month to month basis with the right in the defendant in error to terminate the tenancy at the end of any monthly rental period; and that on June 27, 1934, the defendant in error by written notice terminated the tenancy and demanded possession of the premises as of July 13, 1934, which was refused. The plaintiffs in error filed an answer denying that the defendant in error was the owner of the premises, also denying the rental agreement and the allegations in the complaint that the plaintiffs in error were tenants of the defendant in error.