No partido or share contract, whereby livestock is delivered to be kept on shares for a period of time at the end of which they, or an equal or similar number, or any number thereof, are to be returned, whatever the specific terms of said contract may be, shall be valid, except as between the parties to said contract, unless such contract is filed or recorded in the office of the county clerk and recorder of deeds of the county wherein such livestock is to be kept.
Source: L. 25: p. 492, § 1. CSA: C. 160, § 205. CRS 53: § 8-10-6. C.R.S. 1963: § 8-10-6.
ANNOTATION
Law reviews. For article, "The Perennial Problem of Security Priority and Recordation", see 24 Rocky Mt. L. Rev. 180 (1952). For article, "Impact of the Uniform Commercial Code on Colorado Law", see 42 Den. L. Ctr. J. 67 (1965).
This section requires that partido contract be in writing and that it be recorded in the office of the clerk and recorder of the county in which the livestock is to be kept under the agreement. Klutts v. Parker, 158 Colo. 594, 409 P.2d 275 (1965).
Partido contract need not be in any set form and its character is not varied by the fact that the interest of the one in possession of the livestock is measured in cash: What must be shown is an interest in the property by the one to whom the care of the sheep is entrusted. Clay Robinson & Co. v. Antencio, 74 Colo. 17, 218 P. 906 (1923); First Nat'l Bank v. Matteson, 106 Colo. 233, 103 P.2d 487 (1940); Klutts v. Parker, 158 Colo. 594, 409 P.2d 275 (1965).
For nonexistence of partido contract due to lack of lessee's interest, see First Nat'l Bank v. Matteson, 106 Colo. 233, 103 P.2d 487 (1940).