38-10-119. Conveyances void against heirs.

Statute text

Every conveyance, charge, instrument, or proceeding declared to be void by the provisions of this article as against creditors or purchasers shall be equally void against the heirs, successors, personal representatives, or assignees of such creditors or purchasers.

History

Source: R.S. p. 340, 19. G.L. 1269. G.S. 1528. R.S. 08: 2673. C.L. 5118. CSA: C. 71, 19. CRS 53: 59-1-19. C.R.S. 1963: 59-1-19.

Annotations

 

ANNOTATION

Annotations

Heir's claim accrued after mother's death. A claim to set aside conveyances on the grounds of undue influence did not accrue to the heirs until the mother's death, although the heirs had knowledge of the deed in question soon after it was executed; therefore, the heirs were under no duty to institute adjudication, or guardianship, or other proceedings during the mother's lifetime and their failure to institute legal proceedings during the mother's lifetime does not bar this action which was timely filed after her death. Gertge v. Gertge, 28 Colo. App. 246, 472 P.2d 188 (1970).