First Security Bank of Idaho v. Crouse (1967)
Decided: March 7, 1967, No. 8724. Opinion: Hill, J.; panel included Murrah and Seth.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/f2d/374/cases/0017-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts and holding
An Idaho title-noted mortgage covered a Mack truck later repaired and stored in Colorado. The garage retained the unpaid truck; the bank sought replevin. Applying Colorado law, the court rejected an implied-consent priority exception for necessary ordinary-wear repairs. It reversed the garage’s counterclaim award and remanded for determination of the bank’s unlawful-detention damages and costs.
Limits and current-law comparison
This was a possession/priority dispute, not a completed auction or purchaser-discharge holding. Facts predated Colorado’s 1966 UCC; the opinion separately discussed its nonuniform repair-lien priority rule. Current § 4-9-333(b) likewise requires express statutory superpriority; § 42-6-131 protects specified earlier continuously possessory liens. A lien’s rank does not by itself establish what a later buyer takes.
Verification and later treatment
Full opinion and six footnotes read October 17, 2026. Exact-name/citation searches did not establish comprehensive subsequent judicial treatment. good_law_status: needs_verification; current statutory comparison is not a citator result.
Bounded final review (2026-10-18)
Full opinion re-read 2026-10-18 from the Caselaw Access Project (unofficial, verbatim); law.justia.com refused automated access that day. Comprehensive later treatment remains needs_verification. The Caselaw Access Project copy was saved before the site’s robots.txt (which disallows all automated access) came to this review’s attention; it is kept as evidence only and no further automated requests were made to static.case.law.
Applies in →
colorado · motor-vehicles · towing-storage-and-mechanics-lien-sales
Legal information, not legal advice. Verify current statutes, lien facts and case history before relying on this historical decision.