(220 P.2d 551)
No. 16,321.Supreme Court of Colorado.
Decided June 5, 1950. Rehearing denied July 1, 1950.
An action to restrain a public trustee from foreclosing a deed of trust on plaintiff’s property, and for an order declaring the trust deed void and of no effect as a lien against the premises. Summary judgment for defendants.
Affirmed.
1. APPEAL AND ERROR — Divided Court. One justice not participating, and the others being evenly divided 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. James D. Lewis, Judge.
Mr. HERBERT E. MANN, for plaintiff in error.
Messrs. WALDO WALDO, for defendants in error.
En Banc.
PER CURIAM.
Mr. Justice Stone did not participate in the consideration of this cause. Mr. Justice Jackson, Mr. Justice Hays and Mr. Justice Alter are of the opinion that the judgment should be affirmed, whereas, Mr. Chief Justice Hilliard, Mr. Justice Moore and Mr. Justice Holland think that it should be reversed. The judgment, therefore, must be affirmed by operation of law because of an evenly divided court, and no good purpose would be
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served by a statement of the issues or the reasons for the conclusions of the several members of the court. Rule 118 (f) R.C.P. Colo.
Judgment affirmed.