ALH HOLDING CO. v. BANK OF TELLURIDE

No. 97CA1805.

988 P.2d 181 (1999)

ALH HOLDING COMPANY, an Arizona corporation, Plaintiff-Appellee, v. BANK OF TELLURIDE, a Colorado banking association, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Granted October 18, 1999.


Attorney(s) appearing for the Case

Bendelow & Darling, P.C., Edward M. Bendelow, Jeffrey R. Bergstrom, Lee J. Darling, Denver, Colorado, for Plaintiff-Appellee.

Gaddis, Kin & Herd, P.C., James W. Kin, Colorado Springs, Colorado, for Defendant-Appellant.


Opinion by Judge KAPELKE.

Defendant, Bank of Telluride (Bank), appeals the trial court's judgment declaring that a deed of trust held by the plaintiff, ALH Holding Company (ALH), on a certain property in San Miguel County, Colorado, has priority over the deed of trust held by the Bank on that property. We reverse and remand with directions.

The parties stipulated to essentially all the determinative facts. In 1993, ALH sold the property for $165,000. In connection...

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