COX v. BANKERS TRUST CO.

No. 76-223.

570 P.2d 6 (1977)

William O. COX and Richard V. Muranaka d/b/a Sunshine Drywall and Decorating, Plaintiffs, v. BANKERS TRUST COMPANY, a New York Corporation, Defendant-Appellant, and A. J. Steinbach, Contractor, Intervenor-Appellee.

Colorado Court of Appeals, Division III.

Rehearing Denied May 26, 1977.

Certiorari Denied August 15, 1977.


Attorney(s) appearing for the Case

Morrato, Gueck & Colantuno, P. C., James J. Morrato, Denver, for defendant-appellant.

Towey & Zak, James J. Zak, Denver, for intervenor-appellee.


SMITH, Judge.

On this appeal, the sole issue before this court is whether intervention by a mechanic's lien claimant in a pending foreclosure action sought and granted after expiration of the six month statutory period vests the trial court with jurisdiction to decree foreclosure of that lien, and to assign it priority over a deed of trust recorded after the work for which such lien was asserted, had commenced. We hold that it does not and reverse.

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