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.
38-35-116. Variances in names in instruments affecting the title to real property. (1) (a) The middle name or the initial of a middle name appearing in a name contained in an instrument affecting the title to real property or in a signature or an acknowledgment shall be deemed prima facie to be a material part of such name.
(b) One or more of the following variances between any two instruments affecting the title to the same real property shall not destroy or impair the presumption that the person so named is the same person in both instruments:
(I) The full first name appearing in one and only the initial letter of that first name appearing in the other;
(II) A full middle name appearing in one and only the initial letter of that middle name appearing in the other;
(III) The initial letter of a middle name appearing in one and not appearing in the other; or
(IV) A full middle name appearing in one and not appearing in the other.
(c) In spite of a variance described in paragraph (b) of this subsection (1), the person so named in both instruments shall be presumed to be the same person until such time as the contrary appears, and, until such time, such instruments, the record of such instruments, or a certified copy of the record of such instruments shall be admissible in evidence as though the names in the two instruments were identical.
(2) (Deleted by amendment, L. 2003, p. 833, � 1, effective August 6, 2003.)
(3) The word instruments as used in this section means not only instruments voluntarily executed but also papers filed or issued in or in connection with actions and other proceedings in court and orders, judgments, and decrees entered therein and transcripts of such judgments, proceedings in foreclosure pursuant to powers of sale, certificates of birth, certificates of death, and certificates of marriage.
Source: L. 41: p. 607, � 1. CSA: C. 40, � 117(4). CRS 53: � 118-6-16. L. 61: p. 644, � 1. C.R.S. 1963: � 118-6-16. L. 73: p. 613, � 4. L. 2003: (1) and (2) amended, p. 833, � 1, effective August 6.