Babbitt v. Bent County Bank
Supreme Court of Colorado
Appeal from Bent District Court — Hon. Henry Hunter, Judge.
1Opinion of the CourtJustice Bailey
There are two questions for consideration:
First — Had the bank, under its mortgage, if properly acknowledged, the first lien?
Second- — -Was the bank’s mortgage, as acknowledged and certified, entitled to record, and is such record constructive notice to- Babbitt?
On the authority of Cassell v. Deisher, 39 Colo. 372, which involves the same question, as to priorities of chattel mortgages on the same property-, the second mortgage, as here, by its express terms, being subject to a prior one, the first question must be answered in the affirmative. The court in that case held in substance and…
2Cases cited11 opinions
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Cook v. MannSupreme Court of Colorado · 1881
- Atchison v. GrahamSupreme Court of Colorado · 1890
- Wilcox v. JacksonSupreme Court of Colorado · 1884
- Allen v. SteigerSupreme Court of Colorado · 1892
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3Cited by7 opinions
- Diamond National Corporation v. Dale Lee, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1964
- Ellison v. TuckermanColorado Court of Appeals · 1913
- Ellison v. TuckermanColorado Court of Appeals · 1913
- Radetsky v. Gramm-Bernstein Motor Truck Co.Court of Appeals for the Eighth Circuit · 1925
- Tolland Co. v. First State BankSupreme Court of Colorado · 1934
2 more not listed; retrieve them via the Exa API.