"Creditors", as used in section 38-10-114, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession or control.
Source: R.S. p. 340, § 15. G.L. § 1265. G.S. § 1524. R.S. 08: § 2669. C.L. § 5114. CSA: C. 71, § 15. CRS 53: § 59-1-15. C.R.S. 1963: § 59-1-15.
ANNOTATION
When attaching creditor not "creditor" within section. Where possession and control of the property had passed out of the vendor more than six months prior to the commencement of a suit by the attaching creditor, he is not a "creditor" within the definition of this section. Weiland v. Potter, 8 Colo. App. 79, 44 P. 769 (1896); Hendrie & Bolthoff Mfg. Co. v. Collins, 13 Colo. App. 8, 56 P. 815 (1899); Jones v. Mackenzie Bros. Wall Paper & Paint Co., 19 Colo. App. 121, 73 P. 847 (1903).
Wife with alimony claim is creditor. A wife who had a claim for alimony and a suit pending to secure a divorce and compel its payment is a creditor within the purview of this section. Gregory v. Filbeck, 12 Colo. 379, 21 P. 489 (1888); Hall v. Harrington, 7 Colo. App. 474, 44 P. 365 (1896).
Applied in Rizer v. McCarth, 3 Colo. App. 348, 33 P. 191 (1893); Fish v. East, 114 F.2d 177 (10th Cir. 1940).