Colorado § 6-10-103 - Inventory - list of creditors.

§ 6-10-103. Inventory - list of creditors.

An assignor shall render to an assignee within four days after the date of the assignment an inventory under oath of the assignor's property, to the best of the assignor's knowledge, including the estimated value of the property. The assignor shall also render a list of the assignor's creditors, including their names, residences, and post-office addresses, if known, and the amount of their respective demands. The assignor's inventory shall not be deemed to be conclusive of the amount of the assignor's estate, nor shall the omission of any property from the inventory defeat the assignment or conveyance of the property.

Source: L. 1897: p. 94, § 3. R.S. 08: § 176. C.L. § 6243. CSA: C. 12, § 3. CRS 53: § 11-1-3. C.R.S. 1963: § 11-1-3. L. 2026: Entire section amended, (HB 26-1426), ch. 334, p. 2007, § 42, effective August 12.

ANNOTATION

Annotator's note. Cases material to § 6-10-103 decided prior to its earliest source, L. 1897, p. 94, § 3, have been included in the annotations to this section.

This section requires a schedule under oath, a full and complete schedule, so far as the party has power to make it. Burchinell v. Mosconi, 4 Colo. App. 401, 36 P. 307 (1894).

Anything short of this is not compliance and avoids the assignment. Burchinell v. Mosconi, 4 Colo. App. 401, 36 P. 307 (1894).

The provisions of this section cannot be dispensed with. Palmer v. McCarthy, 2 Colo. App. 422, 31 P. 241 (1892).

So a material failure to comply with them or a serious departure vitiates the whole proceeding. Palmer v. McCarthy, 2 Colo. App. 422, 31 P. 241 (1892).

For without the inventory nothing passes. The inventory required by law, designates and defines the conveyance by showing the amount, quantity, and specific character of each and every part of the estate conveyed. Without it, the words of conveyance being so general, nothing passes, for there can be no identification; hence, the wisdom and necessity of a sworn inventory as required by this section, and of a strict compliance with it. Palmer v. McCarthy, 2 Colo. App. 422, 31 P. 241 (1892).

Under this section it is only requisite that the description be sufficient when aided by parol proof to ascertain what is granted. Graham Paper Co. v. Sanderson, 8 Colo. App. 427, 47 P. 904 (1896).

This section does not require the list of creditors to be verified. Falk v. Liebes, 6 Colo. App. 473, 42 P. 46 (1895).

Hence, an affidavit of which the inventory is a part, subscribed by the party, and the certificate of an officer that an oath was administered is an exact compliance with this section. Falk v. Liebes, 6 Colo. App. 473, 42 P. 46 (1895).

Formerly general description in assignment was limited and controlled by schedule attached. See Burchinell v. Mosconi, 4 Colo. App. 401, 36 P. 307 (1894).

Under the old assignment act of 1885 the assignor was bound to attach an inventory to his deed of assignment which should contain a description of the property which he sought to convey; in that case the deed itself declared that all the property which was conveyed was described in the schedule which was attached. Graham Paper Co. v. Sanderson, 8 Colo. App. 427, 47 P. 904 (1896).

Thus, the assignor was required to annex to his deed of assignment an inventory under oath of his estate; such inventory became a part and parcel of the conveyance. Burchinell v. Mosconi, 4 Colo. App. 401, 36 P. 307 (1894).