Nagy v. Board of Education of School District No. 28J

Husband and wife acquired the property in 1957. A first deed of trust was placed on the property by them at that time and a second deed of trust was placed on the property on April 14, 1964. On August 27, 1964, the wife placed a homestead exemption on the property. On June 23, 1965, Greenlee obtained a judgment in the amount of $5,682.03 against the husband, recorded a transcript thereof on that date, and on October 18, 1965, had the sheriff of El Paso County file a certificate of levy on the husbands interest in the subject property. On August 23, 1965, the husband executed a deed conveying his interest in the property to the wife, which deed was not recorded until November 24, 1970. On August 25, 1965, the husband filed a petition in bankruptcy in the Federal District Court, and a trustee in bankruptcy was appointed. On April 19, 1966, the trustee in bankruptcy quitclaimed all of the husbands interest in the property to plaintiff Richard D. Baker for $50, which deed was recorded on April 21, 1966. The husband died intestate on January 15, 1972, and the wife died testate on April 5, 1972. On November 3, 1972, again in pursuance of the Greenlee June 23, 1965, judgment, the sheriff filed another certificate of levy on the property.