Chapter 15 - § 15.5 • CONCURRENT OR CONFLICTING JURISDICTION

• Jurisdiction: Colorado

§ 15.5 • CONCURRENT OR CONFLICTING JURISDICTION

After the death of the alleged assumer of a trust deed note, the note was filed as a claim in the probate court. Later, a suit was commenced on the same note in the district court, which resulted in a foreclosure decree and a deficiency judgment. The foreclosure decree was correct, but the deficiency judgment was incorrect since the holder of the obligation had elected his remedy in the probate court. The issue of assumption of the debt, being directly associated with the claim in the probate court, was one of which the probate court alone had jurisdiction. The claim in the probate court should have been for the amount not recovered by the foreclosure action in the district court.²⁹

See also § 15.4 regarding related jurisdiction of courts in security foreclosure cases where a deficiency may be involved, and § 46.25 regarding local court jurisdiction over a breach of trust case where the trust is created and administered in a foreign jurisdiction.

In a case in which a claim was filed in a probate proceeding for past due alimony and later suit was commenced in another court for the same and other relief, it was held that the jurisdiction of the probate court should continue as to the claim and that the other court should withhold action in that regard.³⁰ See § 15.9.

Where diversity of citizenship gives a federal court jurisdiction, it can enforce its judgments by forcing the representative to sell...