ALH Holding Co. v. Bank of Telluride

Judge NEY

dissenting.

The majority concludes that it is compelled to apply the holding in Bray v. Trower, 87 Colo. 240, 248, 286 P. 275, 278 (1930) which states: “[S]ince the two trust deeds are of equal dignity and importance in this one respect, Emery v. Ward, [68 Colo. 373, 191 P. 99 (1920) ], is not in point, and the recording statute governs.” (phrase emphasis supplied) In my view, this statement does not control under the circumstances here; thus, I dissent.

In Bray, there was alleged fraud and lack of notice to the parties. Because the court determined that the priority of the purchase…