Before a treasurer's deed is issued, section 39-11-128(1)(a) compels the treasurer to provide notice to all persons having an interest in real property, and "particularly to one having the right of redemption." Bogue v. Miles, 107 Colo. 320, 322, 111 P.2d 1055, 1057 (1941). Upon the payment of delinquent taxes, interest, and costs by a redeeming party, the treasurer must issue a certificate of redemption that prevents the transfer of title by tax deed.

(Emphasis supplied.) See, also, Bogue v. Miles, 107 Colo. 320, 111 P.2d 1055, and Taylor v. Lutin, 106 Colo. 170, 102 P.2d 484. Plaintiff's evidence seeking to establish a disseisin of defendants during the period September 1955 to date of suit is very sketchy and inconclusive. At best it shows several trespasses by plaintiff.

The statutory period of redemption expired November 26, 1933, but Denver did not take a deed until August 15, 1938. July 7, 1943, Denver deeded to interveners. At that date there was due general taxes for 1929 and subsequent years, Moffat Tunnel Improvement District taxes, and a mandatory installment on the special improvement tax above mentioned, which installment had fallen due in April, 1943. On taking deed from Denver interveners paid the Moffat Tunnel taxes, an agreed amount for general taxes and, exercising an election granted by the charter, the total of the special improvement tax. Under Denver's interpretation of the statute then in effect and according to custom, she gave no notice of her intention to take her tax deed. March 17, 1941, we held such notice essential under the facts in that case and this. Bogue v. Miles et al., 107 Colo. 320, 111 P.2d 1055. It is here important to note that Denver's deed was voidable, not void. Counsel for plaintiff refers to it as the latter and bases a portion of his argument on that assumption.

The purpose of this section is to forbid the issuance of a treasurer's deed unless notice is given to persons with an interest in the property, particularly to one having the right of redemption. Bogue v. Miles, 107 Colo. 320, 111 P.2d 1055 (1941). Among those having the right to redeem is any person having a legal or equitable claim in the real property.

Noncompliance with the notice requirement of the statute will serve to void a treasurer's deed. See Bogue v. Miles, 107 Colo. 320, 111 P.2d 1055 (1941); Wittemyer v. Cole, 689 P.2d 720 (Colo.App. 1984). "Diligent" means a "steady, earnest, attentive, and energetic application and effort in a pursuit"; as so defined, a "diligent" inquiry is consistent with the legislative objective of § 39-11-128, to afford record owners an opportunity to redeem real property before it is lost through a treasurer's deed. Parkison v. Burley, 667 P.2d 780 (Colo.App. 1983).

The purpose of § 39-11-128, C.R.S. 1973, is to forbid the issuance of a treasurer's deed unless notice is given to persons with an interest in the property, "particularly to one having the right of redemption." Bogue v. Miles, 107 Colo. 320, 111 P.2d 1055 (1941). Among those having the right to redeem is any person having a legal or equitable claim in the real property.