41 Colo. 72 | Colo. | 1907
delivered the opinion of the court:
Action to cancel a deed. The parties are husband and wife. The plaintiff wife in her complaint says that she has title acquired by tax deed from the county treasurer to certain real estate; that her husband, the defendant, caused to be recorded in the office of the county cleric and recorder an instrument in writing purporting to be a quit-claim deed signed and acknowledged by her conveying the same property to him. Plaintiff alleges that she never signed or acknowledged or delivered the deed, that her signature thereto is false and forged, and the certificate of acknowledgement is either a forgery or put to the instrument without her knowledge or consent, and without her having appeared before the acknowledging officer. It further being charged that the alleged forged instrument is still in the possession of the county clerk and recorder and bears on its face evidence of forgery, the plaintiff prays that the officer be restrained .from delivering it to defendant, and defendant from receiving it, and that, upon final hearing, it be canceled and its record held for naught.
The .answer denies the material averments of the complaint, and in the original answer, large portions of which were, on plaintiff’s motion, stricken, and in the amended answer, which met with a similar order, the defendant sets out, as a defense and also by cross-complaint, that the tax-title deed to the
The conclusions which we have reached seem so fundamental and elemental that we have not cited cases in their support. Perceiving no prejudicial error in the record, the judgment is affirmed.
Affirmed.