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DARIEN v. HUDSON

No. 17871.

302 P.2d 519 (1956)

Henry DARIEN and James Darien, Plaintiffs in Error, v. John HUDSON, The United Lumber and Mercantile Company, Vern Biddle and Ralph Turner, doing business as Mountain Electric and Refrigeration Company, and John Rosa and Beno Rosa, doing business as Rosa Brothers, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied November 5, 1956.

Attorney(s) appearing for the Case

Harry F. Claussen, Glenwood Springs, for plaintiffs in error.

Frank Delaney, Glenwood Springs, C. V. Marmaduke, Pueblo, Neil S. Mincer, Glenwood Springs, for defendants in error.

HOLLAND, Justice.

This case concerns the question of priority of liens. The facts are undisputed and covered by stipulation of record. The pertinent substance of the stipulation is to the effect that one Regner and wife were interested in purchasing a residence property in Carbondale, Colorado, which consisted of five lots and a two-story brick dwelling that had been damaged by fire. The purchase price was $4,000 and the Regners arranged to borrow $7,000 from plaintiffs...

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