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COX v. METROPOLITAN STATE BANK, INC.

No. 18230.

336 P.2d 742 (1959)

Arthur COX, Tribune Grain, Inc., and Sullivan, Inc., Plaintiffs in Error, v. METROPOLITAN STATE BANK, INC., and William E. Rust, Defendants in Error.

Supreme Court of Colorado, En Banc.

Dissenting Opinion March 5, 1959.

Rehearing Denied March 30, 1959.

Attorney(s) appearing for the Case

Lennart T. Erickson, Philip A. Rouse, Denver, for plaintiffs in error.

Ireland, Ireland, Stapleton & Pryor, William B. Naugle, Denver, Daniel & McCain, Brighton, for defendant in error Metropolitan State Bank, Inc.

MOORE, Justice.

This action was first presented to this court in cause No. 17877 which was decided October 8, 1956, Metropolitan State Bank, Inc. v. Cox, 134 Colo. 260, 302 P.2d 188. In that opinion the trial court was required to reconsider the evidence and to determine whether at the time the bank accepted a deed from one William E. Rust it had knowledge of the existence of a second deed of trust on the real estate conveyed to the...

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