§ 13-1-109 — Court may appoint trustee

Colorado § 13-1-109

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: General Provisions

Text

In all actions in any court of record of
this state wherein any defendant is not found within the jurisdiction of the court and
constructive service alone is had, and which is brought for the enforcement of an
express, implied, or resulting trust, or for the removal of cloud from title to real
estate, or for specific performance, or for the establishment of a lost or destroyed
deed, conveyance, or instrument in writing, or for the establishment and proof of
any conveyance, deed, or instrument in writing not properly proved and
acknowledged, or in any other proceeding in rem, or affecting only specific
property, where, according to the usual practice in courts of chancery, the court, if
the defendant had been personally served, might direct or decree any act to be
done or performed by the defendant in favor of plaintiff, the court may appoint a
trustee for such defendant to do and perform in the place and stead of and for such
defendant the acts required by the decree rendered in any such cause. Any act
lawfully done by such trustee, under and in pursuance of any such decree, shall be
as binding and effectual for all purposes as if done and performed by the defendant
in pursuance of such decree.

Legislative History

Source: L. 1887: p. 254, � 1. R.S. 08: � 1408. C.L. � 5622. CSA: C. 46, � 13. CRS 53: � 37-1-10. C.R.S. 1963: � 37-1-10.