The limitations provided for in this part 1 may be asserted either affirmatively or by way of defense and may be used in any action as a source of or as a means to establish title or the right of possession or as an aid or explanation of title. Actions may be maintained affirmatively to establish such limitations provided for in this part 1.
Source: L. 27: p. 604, § 41. CSA: C. 41, § 148. CRS 53: § 118-7-13. C.R.S. 1963: § 118-7-13.
ANNOTATION
Law reviews. For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 16 Dicta 71 (1940). For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 321 (1949). For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 281 (1949). For note, "'Color of Title' in the Colorado Short Statutes of Limitation", see 21 Rocky Mt. L. Rev. 226 (1949).
Section is exception to general rule. The general rule that statutes of limitations are held to be available only as a matter of defense or bar to the bringing of an action has no application to the limitations contained in this part of article 41, since this section expressly provides that the limitations therein contained "may be asserted affirmatively or by way of defense". Fed. Farm Mtg. Corp. v. Schmidt, 109 Colo. 467, 126 P.2d 1036 (1942).
Applied in Crawford v. French, 633 P.2d 524 (Colo. App. 1981); Childers v. Quartz Creek Land Co., 946 P.2d 534 (Colo. App. 1997).