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eBook details

• Title: Colpitts v. Fastenau
• Author : Colorado Supreme Court
• Release Date : January 22, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

[3] Error is first urged in the finding of the trial court that the treasurers deed to the county, under which defendant asserts title, is void on its face, in that the acknowledgment is fatally defective. Our revenue statute at section 257, chapter 142, 35 C.S.A., provides a statutory form of treasurers deed, followed by a long form of acknowledgment. Section 258 of the statute requires that the deed be acknowledged by the treasurer before some officer authorized to take acknowledgments of deeds, and we assume intent that such acknowledgment be in the long form set out in section 257. In 1927, the legislature adopted an act (? 107, et seq., c. 40, 35 C.S.A.), since amended, S.L. 37, p. 477, and S.L. 39, P. 289, as to matters not here involved. Therein there is set out a short form of acknowledgment, and it is declared that any deed or other instrument relating to or affecting title to real property, acknowledged substantially in accordance with that form, shall be prima facie evidence of the proper execution thereof. The tax deed under which defendant Colpitts claims bore acknowledgment in the short form provided by the 1927 act as printed on the deed. Defendants deed is valid on its face if the 1927 statutory form of acknowledgment was intended by the legislature to apply to treasurers deeds.

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