An abstract of title certified by any reputable Colorado abstractor or abstract company incorporated under the laws of the state of Colorado may be used to establish prima facie evidence that the chain of title is as shown by the abstract, except as to any of the instruments of conveyance or record thereof or certified copy thereof which may be offered in evidence, and the court may take judicial notice of the repute of the abstractor. The absence of tax sale certificates from such abstract for any period of time covered by the abstract shall be prima facie evidence of the payment of taxes during such period by the party relying upon any chain of title shown by such abstract.
Source: L. 27: p. 600, § 34. CSA: C. 40, § 140. CRS 53: § 118-7-5. C.R.S. 1963: § 118-7-5.
ANNOTATION
Law reviews. For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 16 Dicta 35 (1939). For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 281 (1949). For article, "Evidence in the Proof of Real Estate Titles", see 24 Rocky Mt. L. Rev. 424 (1952). For article, "Abstractors Ride Off Into Sunset", see 11 Colo. Law. 2585 (1982).
Document tendered not objectionable as proof of lesser status. A document, tendered as proof of title itself and so admitted, is not objectionable as proof of the lesser status of color of title since an abstract of title may serve both as color of title and as evidence of title itself. Marr v. Shrader, 142 Colo. 106, 349 P.2d 706 (1960).
Document offered as evidence solely as proof of color of title may not also be invoked as proof of title. Marr v. Shrader, 142 Colo. 106, 349 P.2d 706 (1960).
Introduction of judgment roll as additional proof deemed error. Where defendants offered the abstract of title to show their chain of title, it was error to rule that the defendants must go further and introduce into evidence the judgment roll of the cause in which the decree was rendered because the abstract of title was prima facie proof of the chain of title shown thereby. Lamberson v. Thomas, 146 Colo. 539, 362 P.2d 180 (1961).
Applied in Hochmuth v. Norton, 90 Colo. 453, 9 P.2d 1060 (1932).