§ 38-41-111 — When action will not lie against person in possession

(1) No
action shall be commenced or maintained against a person in possession of real
property to question or attack the validity of or to set aside, upon any ground or for
any reason whatsoever any final decree or final order of any court of record in this
state or any instrument of conveyance, deed, certificate of sale, or release
executed by any private trustee, successor in trust, public trustee, sheriff, marshal,
county treasurer, or any public official whatsoever, whether named in this section or
not, or officer or any appointee of any court when such document is the source of or
in aid of or in explanation of the title or chain of title or right of the party in
possession or any of his predecessors or grantors insofar as the same may affect
the title or explain any matter connected with the title in reference to said real
property if such document has been recorded and has remained of record in the
office of the county clerk and recorder of the county where said real property is
situated for a period of seven years. All defects, irregularities, want of service,
defective service, lack of jurisdiction, or other grounds of invalidity, nullity, or
causes or reasons whereby or wherefore any such document might be set aside or
rendered inoperative must be raised in a suit commenced within said seven-year
period and not thereafter.

(2) This section shall not apply to any of the following cases:

(a) Forged documents;

(b) During the pendency of an action, commenced prior to the expiration of
said seven-year period, to set aside, modify, or annul or otherwise affect such
document, and notice of such action has been filed as provided by law;

(c) When such document has been, by proper order or decree of competent
court, avoided, annulled, or rendered inoperative;

(d) Where the party, or his predecessor, who brings the action to question, to
attack, or to set aside the validity of such documents, has been deprived of
possession within two years of the commencement of said action.

Legislative History

Source: L. 27: p. 603, � 39. CSA: C. 40, � 146. L. 45: p. 272, � 1. CRS 53: � 118-7-11. C.R.S. 1963: � 118-7-11. L. 75: (2)(d) amended, p. 225, � 84, effective July 16.