Supreme Court of Colorado July 18, 1955, No. 17,691 (Dickerson v. Cary)

Mr. Justice Holland

delivered the opinion of the Court.

Plaintiff in error, 'as plaintiff, on the 5th day of January, 1955, filed his complaint for judgment and fore*146closure of a deed of trust. January 25, following, defendants filed an answer and counterclaim.

On November 18, 1953, defendants executed their note in the sum of $9,375.