2014-10-01_PERMIT FILE - M2014055

• Permit No: M2014055
• IBM Index Class Name: Permit File
• Doc Date: 10/1/2014
• Doc Name: New 112c Application
• From: ACA Products, Inc.
• To: DRMS
• Email Name: GRM
• Email Name: DMC
• Media Type: D
• Archive: No

STATE OF COLORADO.) - - --
County of Chaffee.0is. No. 3339, IN TFF COUNTY COURT.
In the Matter of the Petition of Charles Rush for the Determination of Interests in the Lands and Tenements of
Jerome H. Smith, Deceased.
--o( DECREE OF COURT )o---
Now, on this tenth day of May, 1926, the save being one of the regular 3ur'31cial days of the May Term of ,
Court, the above entitled matter comes on to be heard on the petition of Charles Rush for the determination of
interests in the Innis and tenements of Jerome H.Smith, deceased, the petitioner appearing in person and by T1
as A.Nevens, his attorney, and the Court havine beard the testimony and havind examined the files herein and I
ing now fully advised in the prem`.see, dotb find:
That Jerome P.Smith, or. or about the middle of the year 1891, wholly disappeared and ever since said date 1
been absent without tidings, although diligent search and inquiry have, during said time, been made to secerte
his whereabouts, without any avail, and by reason of said disappearance of said Jerome P.Smith for more than i
an years after the year 1891,he, the said Jerome R.Smith, was and is legally dead.
That said. Jerome H,Bm'.th died intestate, and that tl:ere has never been any adm n stration of his estate arc
such proceedings are now pending; that the nave, residence and relationship to the said Jerome R.Ymith, deoaai
of the only heirs or persons entitles to anv interest in the real property owned by him at the time of his des
was Maria Smith, ,&o was the wife of the said Jerome H.Smith, and the mother and grantee of the petitioner hex
That sail Jerome R.Smith was, during his 144fetims and at the time of his death, seised and possessed of an
tote in fee simple in and to lot numbered sixteen and the southwesterly half of lot numter seventeen in block
bar seventy-eight of Paskill's Addition to the toim (now City) of Salida, Colorado; that the total value of se
realeetate did not at the t!rre of the death of said Jerome P.Smitb, never has an-i does not new exceed the sum
One Thousand Dollars; that said Maria Smith died in Salida, Colorado, on March 13th, 191F.
That petitioner Charles Rush is the son and or v heir at law of Maria Smith, and that said pet'.t�.oner resic
in Salida, in Chaffee County, Colorado,
And the Court further finds that prior to this date, and in compliance with sn order of this Court, made w
entered herein on the the 25th day of March, 1926, notice of the filing of the petition herein and of this bee
ing was given by publication 'n the Sal;da Mail, a newspaper of general circulation, pr"nted and publ+abed it
lida, Colorado, semi-weekly, and that such notice was so published in said newspaper for four successive weeks
that is, in n'.ne successive issues of said newspaper; the first of said pvblicst°one in the issue dated
Kardi 26th, 1920, and the last publication of the same be n in the issue dated April 23d, 1926; that due proc
of such publication hgs been made by the affidavit of the publisher of said newspaper, and that such proof is
an f+.le herein; that no objections have been made and filed herein and no person or persons have heretofore al
peered or now appear in oppoeltion to said petition or the prayer thereof.
It 'R therefore Aacertainad, Determ nod, kd hidges and Decreedby the Court, that Jerome 7.8mith, is dead, ar
that Maria Smith, now deceased, was the sole and only heir at law of sa''-d JeromeP..em;th, deceased, and that c
the death of eftid Jerome R.Smi.th, the fee a5mple title to lot numbered sixteen and the southwesterly half of I
numbered seventeen in block numbered seventy-eight of Haskell's Addition to the town (now city) of Seli.de in
fee County, Colorado, vested in Maria Smith, now deceased.
Done in open Court at 13uana Vesta, Colorado, this tenth day of May, 1926.
By the Court, JOSEPR N-Fw'TT, Judge.
I i, Josepi Newitt, Judge and Actin.• Clerk of the County Court of Chaffee 'lunty, in the State aforesaid, do
F hereby certify the shove ani foregotng to be a true, perfect and complete copy of Decree of Court, in. 9 Carta'
lJ cause lntely;pending in said Court, on the law aide thereof, entitled To the Matter of the Petition of Charles
Rush for the Determination of interests in the Lama and Tenements of Jerome P.Smltb, deceased, as the same nc
remains on file and of record i-: my office.
In Witness Whereof, T have hereunto ant my hand and affixed the seal of said Court, at Puens. V'ata., this 11
day of May, A.D. 1926. (Court Seal) JOSEPH F.EWTTT, Judge and Acting Clerk.
Filed for record May llth, 1926, at 3:25 o'clock P.M. F.A.RROWY, Recorder.
Form 6. --(CFRTIFTCATE OF SALE.)-- Duplicate.
STATE OF COLORADO.)
County of Chaffes,)s.a. 1, Milton H.Rlount, as the Public Trustee in said County of Chaffee, ';fate of Colorai
do hereby certify that, default having been made in the terms, conditions and covenants of the deed of trust,
hereinafter referred to, in the manner stated in the trustees notice of sale, hereinafter made a pert hereof,
Mary F.Hyan and S.v'.Ryanthe beneficiary unler said deed of trust and the legal holder of the indebtedness sea
thereby, having, in writing, notified me of such default, and having declared a violation of the covenants of
deed of trust, in that respect, and having elected to advertise the property therein described for sale, and
said Mary F.Ryan ani B.w.Ryan having filed notice and demarrl for sale in writing with the undersiped on the
d-y of April, A.D. 1926, I did or the 3rd day of April, A_D.1926, in accordance with the terms of egle._.epecif
'.n that certain deed of trust, wherein one J.R.Switzer Is grantor, and whi� is dated the 15th. day of May, .1
1918, and was re Y,rded on the 16th day of May, A.D. 1918, in book 1,1.0, at page 29, of the records in the offs
of the Clerk ar,i Recorder of the rounty of Chaffee, Colorado, duly advertise the premises described in safi d.
.of trust, ant also hereinnfter described, and all the r'.ght, title and interest of e-e said J.'.Switzer, his 1
and assigns therein, for sale, at public auction, for the h'_vbest and best price the same would br'.n:; in coal.
sale to take place at the hour of ten o'clock in the forenoon on Monday the 10th day of %Tay, h.n. 1926. et th.
South front door of the Court House, in "nena Vista, County of Chaffee, in sa'i 9tete of Colorado, 'r t:ie mm
hand for the purposes stated in Paid deed of trust, a notice of whi& sale was pvblished in the Ral'da Vail, a
Newspaper of general c'-r dilation pri--ted and published in said Count;, of Chaffee, one a week for a period of:
'lose than four weeks, proof of publication of shich notice of sale it bere'.r. incorporated and made a part of
certificate of sale.
And I further certify that sa'.d Wary F.Ryar. ani S.n'.Ryar; filed said not'ce of riection and Demand for sole
Duplicate, and th:.t T caused one xp thereof to be re•-rded April 31q, 1926, in the office of the mount:• CleL
anA Recorder of said Chaffee County, gm the same was dul- recorded it hook 208 at page 95 of said Chaffee Co'
Records.
And further certify that, at the time required by law, I ee carely pasted such notice of election, also prii
copy of said notice of sale, in a book kept by me for tlint purpose; and that T mailed (postage prepaid at the
office in Buena Vista, Colorado) a copy of the pr=rted notice o£ sale, wttbir tan days from the rite of the 1
l publcation thereof and as soon as the name was printed, to the grantor at the address gi can In said deal of
to J.R.Switzer, at Pueng Vista, Colorado, as tl,e record owner of the equity of redemption i:', ti,e said premise
and to each of the followin,:, persons, at the following addresa,to-wtt:-
To Edward %rugger, at Ruena Vista, Colorado.
To Marion p.Wallace, as Fxe mitrix of the Antate of 11.V,9rown, deceased, at 9nena Viste, rolorado.
To The Tax Service Cornorstion, at alien- Vista, Colorado.
T further certify that at, the time and place, ani or, the tmrma, stated 'n said notice of sale, and pursusn
�ther to, and b;, virtue of said deed of trust and the law,in su fi %*sea made ar..1 provided. T sold and dlaposed
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