American Holidays, Inc. v. Foxtail Owners Association

821 P.2d 577 (1991)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

American Holidays, Inc. v. Foxtail Owners Association

Wyoming Supreme Court
821 P.2d 577 (1991)

LJ

Facts

On January 6, 1981, a declaration of condominium for the Foxtail Condominium Project was filed. The declaration established the Foxtail Owners Association (the association) (defendant). The association was charged with maintaining common areas and levying assessments for its expenses. On September 16, 1984, Edward and Clara Meier executed a note and a mortgage with American Holidays, Inc. (plaintiff) for a unit within the Foxtail Condominium Project, which contained a provision that the note and mortgage were subject to the terms and conditions set forth in the declaration, which contained a provision requiring the subordination of subsequent encumbrances. On March 8, 1985. the mortgage was recorded. On December 1, 1985, the Meiers defaulted on their mortgage payments to American Holidays and failed to pay their dues to the association. On October 10, 1989, the association filed two notices of lien, and on January 30, 1990, the association filed a complaint for foreclosure naming the Meiers and American Holidays as defendants. On January 3, 1991, the trial court entered summary judgment of foreclosure and found American Holidays’ interest subordinate to the association’s interest. American Holidays appealed the trial court’s decision, asserting that because its mortgage was recorded prior to the association’s lien, the mortgage had priority status.

Rule of Law

Issue

Holding and Reasoning (Cardine, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership