Legal Opinion

Kimmel v. Batty

Supreme Court of Colorado

Decided March 24, 1969No. 22429 and 22514PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Mr. Justice Moore. *

In this action we are called upon to determine the priority of certain liens affecting real estate in El Paso county owned by Homer W. Batty.

On July 10, 1961, a promissory note for $11,500 and a deed of trust securing payment thereof were signed by Batty and his wife and delivered to Midland Federal Savings and Loan Association. The deed of trust was duly recorded and became a first lien upon the real estate described therein. The promissory note and deed of trust contained a provision that Mr. and Mrs. Batty “* * * promise to pay to Midland Federal Savings and…

2Cases cited2 opinions

  1. Lumber & Builders Supply Co. v. RitzCalifornia Court of Appeal · 1933
  2. First Federal Savings & Loan Ass'n v. Green-Acres Building Corp., New York County Courts1963

3Cited by5 opinions

  1. National Bank v. Equity InvestorsWashington Supreme Court · 1973
  2. Christensen v. HooverSupreme Court of Colorado · 1982
  3. Cache National Bank v. LusherSupreme Court of Colorado · 1994
  4. La Cholla Group, Inc. v. TimmCourt of Appeals of Arizona · 1992
  5. Cache National Bank v. LusherSupreme Court of Colorado · 1994

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