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KIMMEL v. BATTY

Nos. 22429 and 22514.

451 P.2d 751 (1969)

James Singleton KIMMEL, Plaintiff In Error, v. Homer W. BATTY, Defendant In Error.

Supreme Court of Colorado, In Department.

March 24, 1969.

Attorney(s) appearing for the Case

Pehr & Newman, William Pehr, Westminster, for plaintiff in error.

Robert W. Johnson, Colorado Springs, for defendant in error.

MOORE*, Justice.

In this action we are called upon to determine the priority of certain liens affecting real estate in El Paso county owned by Homer W. Batty.

On July 10, 1961, a promissory note for $11,500 and a deed of trust securing payment thereof were signed by Batty and his wife and delivered to Midland Federal Savings and Loan Association. The deed of trust was duly recorded and...

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