Small v. Foley

This litigation involves the validity of certain mechanics’ liens, and the question of their priority to a trust deed. The appellees were severally claimants of mechanics’ liens upon a piece of real estate of H. W. Rankin, in Pueblo county, on account of material furnished for, and work and labor performed in, the construction of buildings upon the land by contract with Rankin. The appellant, Small, claimed a prior lien upon the property, by virtue of a deed of trust executed by Rankin to the appellant James, as trustee, to secure the payment to Small of an indebtedness owing to him by…