Moorehead v. John Deere Industrial Equipment Co. (1977)
Decided: December 27, 1977; rehearing denied January 16, 1978. Opinion: Lee, J.; Erickson, J., dissenting; Carrigan, J., not participating.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/colo/194/cases/0398-01.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
The county sold two backhoes for their owner’s delinquent personal-property taxes. John Deere held a perfected security interest. The Supreme Court reversed the appellate decision and held that a valid personal-property tax sale under § 39-10-111(7) extinguished prior liens, notwithstanding the statute’s conveyance-of-owner-interest wording. The majority relied on tax-sale policy and tax-lien priority; it did not concern a DOR § 39-21-114 sale.
Separate opinion and limits
Erickson disputed elimination of perfected interests without personal notice. Do not describe that dissent as the holding or treat the majority as blanket modern notice clearance. The current 2026 statute and opinion must be considered together; federal interests and constitutional notice require separate analysis.
Verification and later treatment
Full majority, dissent and footnote read October 17, 2026. Searches located later citations and current statutory annotations, but comprehensive subsequent treatment, especially notice doctrine, remains needs_verification. An annotation is not a later judicial opinion or citator clearance.
Bounded final review (2026-10-18)
Majority, dissent and head matter (decided December 27, 1977; rehearing denied January 16, 1978) re-read 2026-10-18 from the Caselaw Access Project copy of 194 Colo. 398 (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 · equipment-and-machinery · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify current law, sale validity and case history before relying on this historical decision.