If any person
sells and conveys to another by deed or conveyance, purporting to convey an estate in fee simple
absolute, any tract of land or real estate lying and being in this state, not being possessed of the
legal estate or interest therein at the time of the sale and conveyance and, after such sale and
conveyance, the vendor becomes possessed of and confirmed in the legal estate of the land or
real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the
grantee or vendee, and said conveyance shall be held and taken, and shall be as valid as if the
grantor or vendor had the legal estate or interest at the time of said sale or conveyance.
Source: R.S. p. 106, § 4. G.L. § 163. G.S. § 201. R.S. 08: § 672. C.L. § 4873. CSA: C.
40, § 5. CRS 53: § 118-1-4. C.R.S. 1963: § 118-1-4.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2009–2022 · leading case:
Fam. v. Pomeroy, 2021 COA 73.
Fam. v. Pomeroy, 2021 COA 73.
· cites it 12× “Pomeroy — Real Property — After-acquired Interests — Easements A division of the court of appeals considers whether Colorado’s after-acquired interest statute, section 38-30-104, C.R.S. 2020, abrogates the common law after-acquired interest doctrine, and if it does not, whether…”
Premier Bank v. Bd. of Cnty. Commissioners, 214 P.3d 574 (Colo. Ct. App. 2009).
· cites it 9× “The after-acquired interest statute, section 38-30-104, was enacted in 1861, before Colorado statehood, and has not been subsequently amended.”
Lee v. Hurd, No. 1:21-cv-01966 (D. Colo. July 13, 2022).
· cites it 9× “See Colo. Rev. Stat. § 38-30-104 . Therefore, reasons defendant, the common law doctrine cannot entitle plaintiffs to a property interest that C.”
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