(1) Every such contract, specified in sections 40-20-110 and 40-20-111, shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors, provided:
(a) The contract is acknowledged by the vendee or lessee before some officer authorized by law to take acknowledgments of deeds;
(b) Such instrument is recorded or a copy thereof filed in the office of the secretary of state and in the office of the county clerk and recorder of each of the counties in which the railroad may be operated in this state;
(c) Each locomotive engine or car so sold or contracted to be sold or leased has the name of the vendor or lessor or the assignee of such vendor or lessor plainly placed or marked on each side thereof or otherwise marked so as to indicate the ownership thereof or that the same is covered by such special contract.
Source: L. 1885: p. 303, § 3. R.S. 08: § 5525. C.L. § 2908. CSA: C. 139, § 94. CRS 53: § 116-1-12. C.R.S. 1963: § 116-1-12.
ANNOTATION
This section provides for execution of contracts in reference to matters covered in the two preceding sections. It requires, inter alia, that such contracts be acknowledged by the vendee or lessees before some officer authorized by law to take acknowledgments of deeds, and to be recorded in the office of the secretary of state and in the office of the recorder of each of the counties in which the railroad may be operated in this state. Booth v. Central Sav. Bank, 58 Colo. 519, 146 P. 240 (1915).
Applied in Central Locomotive & Car Works v. Smith, 27 Colo. App. 449, 150 P. 241 (1915).