Whiteside v. Rocky Mountain Fuel Co.

On Petition for Rehearing.

LEWIS, Circuit Judge.

It seems to us that counsel for appellant make a wrong assumption on which they base their conclusion that appellee’s equitable lien comes within the requirements of the Colorado chattel mortgage statute and had to be placed of public record, if possession of the chattels had not been taken by appellee before bankruptcy, to save its validity; and that assumption is that the Colorado Supreme Court has so construed its statute. In their brief filed with the motion they say: “The holding of the Bogdon case, Bogdon v. Fort, 75 Colo. 231, 225 P. 247,…