Opinion
No. 14,833.
Decided December 1, 1941.
Suit for declaratory judgment involving the question of right of redemption from sheriff's sale of real property. Judgment entered.
Affirmed.
1. APPEAL AND ERROR — Divided Court. The participating Justices being equally divided in opinion as to what disposition should be made of the case, the judgment is affirmed by operation of law.
Error to the District Court of Weld County, Hon. Frederic W. Clark, Judge.
Mr. CLARENCE O. MOORE, for plaintiff in error.
Mr. E. TYNDALL SNYDER, Mr. WILLIAM R. KELLY, for defendants in error.
Mr. Chief Justice Young, Mr. Justice Bakke and Mr. Justice Knous are in favor of affirmance; whereas Mr. Justice Otto Bock, Mr. Justice Burke and Mr. Justice Hilliard are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law as provided by Rule 118 (f) R.C.P. Colo.
Note: Mr. Chief Justice Francis E. Bouck was deceased at the time of the rendition of this opinion and no appointment had been made to fill the vacancy created by his death.