Legal Opinion

Joralmon v. McPhee

Supreme Court of Colorado

Decided January 15, 1903No. 4197PublishedCited by 28 opinions

Appeal from the District Court of Arapahoe County. In the original opinion the decree and judgment of the trial court was modified. Certain of the appellants and appellees filed a petition for rehearing. Without granting the petition,' all parties have been heard on the questions thus raised, and while we are still of the opinion that the judgment must he modified, we have also reached the conclusion that the original opinion must he .changed in some particulars.

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Appeal from the District Court of Arapahoe County. In the original opinion the decree and judgment of the trial court was modified. Certain of the appellants and appellees filed a petition for rehearing. Without granting the petition,' all parties have been heard on the questions thus raised, and while we are still of the opinion that the judgment must he modified, we have also reached the conclusion that the original opinion must he .changed in some particulars. For these reasons we file the following, in lieu of the original opinion:

1Opinion of the CourtJustice Gabbert

This was an action commenced on the part of lien claimants to foreclose mechanics ’ liens on real property situate in the city of Denver. Such proceedings were had that other lien claimants and the trustees under deeds of trust on the property and their beneficiaries were made parties. The trial court adjusted the several liens thus represented in rank and amount. From this judgment the trustees and their beneficiaries appealed.

There is no controversy between the mechanics ’ lien claimants. The appellants claiming rights under the deeds of trust, however, attack their claims, and complain of…

2Cases cited3 opinions

  1. Kiene v. HodgeSupreme Court of Iowa · 1894
  2. Hoagland v. LoweNebraska Supreme Court · 1894
  3. Patrick Land Co. v. LeavenworthNebraska Supreme Court · 1894

3Cited by28 opinions

  1. Ragsdale Bros. Roofing, Inc. v. United Bank of Denver, N.A.Colorado Court of Appeals · 1987
  2. Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
  3. W. P. Fuller & Co. v. McClureCalifornia Court of Appeal · 1920
  4. Cambridge Acceptance Corp. v. HocksteinNew Jersey Superior Court Appellate Division · 1968
  5. Forest Inc. of Knoxville v. Guaranty Mortgage Co.Court of Appeals of Tennessee · 1975

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