Stinnett v. Modern Homes, Inc.
| Decision Date | 14 March 1960 |
| Docket Number | No. 18760,18760 |
| Citation | 142 Colo. 176,350 P.2d 197 |
| Parties | Harold D. STINNETT, Plaintiff in Error, v. MODERN HOMES, INC., Louis C. Martin, Clara M. Martin, Midland Federal Savings & Loan Association, Robert E. Lee, as Public Trustee, and John A. Vancil, Defendants in Error. |
| Court | Colorado Supreme Court |
Richard N. Graham, Englewood, Colo., for plaintiff in error.
Knight, Lesher & Schmidt, Philip G. Gregg, Denver, Colo., for defendant in error Midland Federal Savings & Loan Ass'n.
Golding Fairchild, Royal C. Rubright, of Fairfield & Woods, Denver, Colo., amici curiae.
Although several defendants in error are named in the caption of this cause, only one of them is before us in this review on writ of error, namely Midland Federal Savings & Loan Association, hereinafter referred to as Midland. Plaintiff in error will be referred to as Stinnett.
The facts pertinent to the controversy are simple and undisputed. Midland is the beneficiary under a deed of trust dated January 24, 1954, and recorded January 29, 1954, securing a promissory note of the Martins, owners of the property involved, in the original principal sum of $8,000. The security described in the deed of trust is certain real property with the improvements thereon situate in the City and County of Denver, commonly known as 3104 Elizabeth Street. The improvements on the land consist of a brick residence.
Stinnett claims a mechanic's lien for certain remodeling work on said residence, for which he furnished labor and materials of the total value of $712.08. The lien statement of Stinnett was recorded November 5, 1956.
Both Stinnett and Midland rely upon the same statute, namely, C.R.S. '53, 86-3-3, which reads in pertinent part as follows:
'* * * When the lien is for work done or material furnished for any entire structure, erection or improvement such lien shall attach to such building, erection or improvement for or upon which the work was done, or materials furnished, in preference to any prior lien or encumbrance, or mortgage upon the land upon which the same is erected, or put, and any such person enforcing such lien may have such building, erection or improvement sold under execution and the purchaser at any such sale may remove the same within thirty days after such sale * * *'
Stinnett contends that under this section the furnishing of labor and materials for a remodeling job in the basement of the residence gives him a mechanic's lien as to all of the improvements on said property, and that such lien is superior to a prior deed of trust recorded upon said real estate and improvements more than two and one-half years before the filing of the mechanic's lien.
Defendant in error contends that such labor and materials were not furnished for an entire structure but for alterations or remodeling of existing improvements, and consequently, under the statute, the mechanic's lien is subordinate to the lien of the deed of trust.
In view of our determination of the question as hereinafter stated, it becomes unnecessary to consider whether the contract authorizing the remodeling of the building was recorded in compliance with C.R.S. '53, 86-3-1, 2 and 3.
Where a deed of trust securing...
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