SHEPLER v. WHALEN

No. 04SC553.

119 P.3d 1084 (2005)

Petitioner: Lexie-Leigh SHEPLER and Scott Thornock, v. Respondent: Michael WHALEN.

Supreme Court of Colorado, En Banc.

September 12, 2005.


Attorney(s) appearing for the Case

Donald D. Vogt, LLC, Donald D. Vogt, Morrison, for Petitioner Lexie-Leigh Shepler.

James K. Kreutz & Associates, P.C., James K. Kreutz, Greenwood Village, for Petitioner Scott Thornock.

Kloepfer & Gorrell, P.C., Teryl R. Gorrell, Denver, for Respondent.

Justice KOURLIS dissents, and Justice COATS joins in the dissent.


MULLARKEY, Chief Justice.

I. Introduction

In this dispute among judgment creditors, we examine the creditors' priority to real property that was never titled in the name of the judgment debtor. We determine that the state's race-notice statute does not control the priority among creditors under the facts of this case. Where the judgment debtor had neither a legal nor an equitable interest in the property, recording a judgment does not create a lien on the...

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