First National Bank of Denver v. Groussman

Supreme Court of Colorado

First National Bank of Denver v. Groussman

491 P.2d 1382, 176 Colo. 566, 1971 Colo. LEXIS 770

CourtSupreme Court of Colorado

DecidedDecember 27, 1971

DocketC-83

StatusPublished

Cited by7 cases

This text of 491 P.2d 1382 (First National Bank of Denver v. Groussman) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First National Bank of Denver v. Groussman, 491 P.2d 1382, 176 Colo. 566, 1971 Colo. LEXIS 770 (Colo. 1971).

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Opinion

Per Curiam.

Petition for writ of certiorari was granted in this case to review the decision of the Colorado Court of Appeals in First National Bank v. Groussman, 29 Colo. App. 215, 483 P.2d 398 (1971). We determined to consider the case on the allegations contained in the petition that the Court of Appeals had decided the matter in a way probably not in accord with applicable decisions of the Colorado Supreme Court.

After reviewing the findings and judgment of the trial court and the decision of the Court of Appeals in light of the full record presented, we now conclude that the Court of Appeals properly construed and applied the law as determined by this court.

Certiorari was also granted on the allegation that the Court of Appeals probably had misinterpreted the Colorado recording statute, C.R.S. 1963, 118-6-9. It is not necessary in this case to determine the effect of the recording statute on the gift of real estate here involved. Even if the written agreement had been recorded — which it was not — the provisions in the instrument did not restrict the grantor’s right to alienate her interest in the property. Consequently, neither actual nor constructive notice of the agreement would have affected the rights of the grantees in this case. It is now determined that certiorari was improvidently granted.

Judgment affirmed.

Mr. Chief Justice Pringle not participating.

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Per Curiam.

Petition for writ of certiorari was granted in this case to review the decision of the Colorado Court of Appeals in First National Bank v. Groussman, 29 Colo. App. 215, 483 P.2d 398 (1971). We determined to consider the case on the allegations contained in the petition that the Court of Appeals had decided the matter in a way probably not in accord with applicable decisions of the Colorado Supreme Court.

After reviewing the findings and judgment of the trial court and the decision of the Court of Appeals in light of the full record presented, we now conclude that the Court of Appeals properly construed and applied the law as determined by this court.

Certiorari was also granted on the allegation that the Court of Appeals probably had misinterpreted the Colorado recording statute, C.R.S. 1963, 118-6-9. It is not necessary in this case to determine the effect of the recording statute on the gift of real estate here involved. Even if the written agreement had been recorded — which it was not — the provisions in the instrument did not restrict the grantor’s right to alienate her interest in the property. Consequently, neither actual nor constructive notice of the agreement would have affected the rights of the grantees in this case. It is now determined that certiorari was improvidently granted.

Judgment affirmed.

Mr. Chief Justice Pringle not participating.

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Bluebook (online)

491 P.2d 1382, 176 Colo. 566, 1971 Colo. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-of-denver-v-groussman-colo-1971.

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