None of the property described in section 13-54-102 shall be exempt from levy and sale on writ of attachment or writ of execution for the purchase price of such property.
Source: L. 59: p. 532, § 3. CRS 53: § 77-13-3. C.R.S. 1963: § 77-2-3.
ANNOTATION
Annotator's note. Since § 13-54-103 is similar to the repealed second proviso to CSA, C. 13, § 14 and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.
This section is for the protection of the vendor who has parted with his property without getting his pay for it; it is a privilege personal to the vendor. Weil v. Nevitt, 18 Colo. 10, 31 P. 487 (1892).
It is analogous to the vendor's lien for purchase price of real estate. The privilege which the statute secures to the vendor would seem to bear a close analogy to the vendor's lien for the purchase price of real estate. Weil v. Nevitt, 18 Colo. 10, 31 P. 487 (1892).
No property is exempt from levy to satisfy a claim for the purchase money thereof. Behymer v. Cook, 5 Colo. 395 (1880).
This section itself does not create a lien on exempt property. As this section indicates, exempt personal property is subject to levy of attachment for the purchase price thereof. But it has been held that such a statutory provision in itself does not create a lien in exempt property. In re Rade, 205 F. Supp. 336 (D. Colo. 1962).
It has been indicated that a favorable attitude towards equitable liens prevails in Colorado. In re Rade, 205 F. Supp. 336 (D. Colo. 1962).
Applied in Packard v. Packard, 33 Colo. App. 308, 519 P.2d 1221 (1974); In re Seguin, 76 B.R. 175 (Bankr. D. Colo. 1987).