Legal Opinion

Church v. Smithea

Colorado Court of Appeals

Decided September 15, 1893PublishedCited by 4 opinions

Af peal from the District Court of Arapahoe County.

1Opinion of the CourtBissell, P. J.

An asserted priority in right springing in the one case from a trust deed on unimproved property, and in the other from a mechanic’s lien for work done in the construction of a building after the execution of the conveyance, has given rise to this suit.

While one Ermerins was ,the owner of four lots in a subdivision to the city of Denver, she executed on the 22d day of January, 1890, a trust deed to secure the payment of certain promissory notes aggregating the sum of $17,600. On the first of May thereafter, a contract was made with Smithea & Arnold to put up two buildings on these premises…

2Cases cited5 opinions

  1. Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
  2. Brooks v. Railway Co.Supreme Court of the United States · 1880
  3. Getchell v. AllenSupreme Court of Iowa · 1872
  4. Turner v. RobbinsSupreme Court of Alabama · 1885
  5. McAllister v. CloptonMississippi Supreme Court · 1875

3Cited by4 opinions

  1. Atkinson v. Colorado Title & Trust Co.Supreme Court of Colorado · 1915
  2. In Re Ben Boldt, Jr., Floral Co.Court of Appeals for the Tenth Circuit · 1930
  3. Stinnett v. Modern Homes, Inc.Supreme Court of Colorado · 1960
  4. Oregon Lumber Co. v. TerasakiCourt of Appeals for the Tenth Circuit · 1930

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