Colorado Revised Statutes

Colo. Rev. Stat. § 38-35-114 (2024)

Actions - parties to be named

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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No person claiming any interest in real property under or through a person named as a defendant in an action concerning real property to which the Colorado rules of civil procedure are applicable need be made a party to such action unless his interest is shown of record in the office of the county clerk and recorder in the county where such real property is situated, and the decree shall be as conclusive against him as if he had been made a party. If such action is for the recovery of actual possession of the property, the party in actual possession shall be made a party.

Source: L. 41: p. 605, § 2. CSA: C. 40, § 117(2). CRS 53: § 118-6-14. C.R.S. 1963: § 118-6-14.

38-35-115. Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment. When, by statute in effect at the time of the execution by an executor, trustee, or other representative appointed by a court or tribunal of a state other than Colorado or of a territory of the United States or of a country beyond the limits of the United States of an instrument of conveyance or encumbrance or contract concerning real estate in Colorado in accordance with the powers conferred by a will, testament, or codicil admitted to probate by such court or tribunal, a certified copy or an exemplified copy of the letters testamentary or trusteeship issued by such court or tribunal under such will, testament, or codicil or of the order of appointment by such court or tribunal is required to be filed for record with the county clerk and recorder of the county wherein is situated such real estate, the filing for record with such county clerk and recorder of such certified copy or exemplified copy of letters or order after the execution of such instrument of conveyance or encumbrance or contract shall have the same force and effect that it would have had if it had been filed for record with such county clerk and recorder prior to the execution of such instrument of conveyance or encumbrance or contract, whether such instrument of conveyance or encumbrance or contract was executed before or after April 17, 1941, and whether such certified copy or exemplified copy was so filed for record before or after said date.

Source: L. 41: p. 605, § 3. CSA: C. 40, § 117(3). CRS 53: § 118-6-15. C.R.S. 1963: § 118-6-15.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Harvest Worship Ctr. v. Resound Church, No. 1:22-cv-02285 (D. Colo. Sept. 29, 2023).
Harvest Worship Ctr. v. Resound Church, No. 1:22-cv-02285 (D. Colo. Sept. 29, 2023). · cites it 2× “13(h), 19, and 20, and C.R.S. § 38-35-114 (“Motion to Join”), ECF No.”
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