Legal Opinion

Jarvis v. State Bank

Supreme Court of Colorado

Decided January 15, 1896PublishedCited by 17 opinions

Appeal from the District Court of Morgan County. In the year 1889 The Bijou Reservoir & Canal Company was incorporated under the general incorporation laws of this state, for the purpose of building an irrigating canal in the counties of Morgan and Weld.

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Appeal from the District Court of Morgan County. In the year 1889 The Bijou Reservoir & Canal Company was incorporated under the general incorporation laws of this state, for the purpose of building an irrigating canal in the counties of Morgan and Weld. In the month of July of that year it duly filed, in the office of the county clerk of the respective counties, its map and survey, showing the general route of the canal, and the statement required by section 1720 of the General Statutes of 1883 and the amendments thereto. See Session Laws, 1887, p. 314. Thereupon it proceeded with the…

1Opinion of the CourtJustice Campbell

From the foregoing statement it will be seen that the controversy here is between a purchaser under the foreclosure of a trust deed containing a provision covering subsequently acquired property, and those claiming liens under the mechanic’s lien statute of the state, whose rights accrued after the recording of the prior trust deed, on account of labor performed and materials furnished, which were wrought into, and thus combined brought into being, such property. The contractor makes no defense, and the only question involved is the relative priority of the trust deed and of the mechanics’…

2Cases cited20 opinions

  1. United States v. New Orleans RailroadSupreme Court of the United States · 1871
  2. Broder v. Water Co.Supreme Court of the United States · 1879
  3. Jennison v. KirkSupreme Court of the United States · 1879
  4. Brooks v. Railway Co.Supreme Court of the United States · 1880
  5. Laird v. MoonanSupreme Court of Minnesota · 1884

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3Cited by17 opinions

  1. First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
  2. Arizona Eastern Railroad v. Globe Hardware Co.Arizona Supreme Court · 1913
  3. Bishop v. MooreSupreme Court of Colorado · 1958
  4. Boulia-Gorrell Lumber Co. v. East Coast Realty Co.Supreme Court of New Hampshire · 1929
  5. Baldwin Locomotive Works v. Edward Hines Lumber Co.Indiana Supreme Court · 1919

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