Colorado Revised Statutes

Colo. Rev. Stat. § 13-52-105 (2024)

Legal and equitable interests

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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Every interest in land, legal and equitable, shall be subject to levy and sale under execution, and the claim or possessory right of any defendant in execution in or to any public lands may be levied upon and sold under execution in the same manner as if the same were held by such defendant in fee simple. Nothing contained in articles 51 to 61 of this title and part 2 of article 41 of title 38, C.R.S., shall be so construed as to give any plaintiff in execution the right to levy on any lands filed on by any person in the Colorado state office of the bureau of land management, department of the interior, and occupied as a homestead by the defendant in execution.

Source: R.S. p. 384, § 52. G.L. § 1453. G.S. § 1883. R.S. 08: § 3613. C.L. § 5901. CSA: C. 93, § 6. CRS 53: § 77-1-6. C.R.S. 1963: § 77-1-6.

Notes of Decisions
Cited in 2 cases, 1997–2005 · leading case: Shepler v. Whalen, 119 P.3d 1084 (Colo. 2005).
Shepler v. Whalen, 119 P.3d 1084 (Colo. 2005). · cites it 9× “§ 13-52-105, C.R.S. (2004); Fallon v. Worthington, 13 Colo.”
Pepper v. Pub. Serv. Employees Credit Union (In Re Pepper), 210 B.R. 480 (Bankr. D. Colo. 1997). · cites it 2× “C.R.S. § 13-52-105. Had the debtor in Barone not sold the property, the judgment hen would have remained in place and would have been paid if the property increased in value or if the debtor created equity by paying down the senior voluntary encumbrances on the property.”
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