Gawrillow v. Rutkowski

The only question at issue in this cause is whether or not the judgment of the defendant Klucznik is entitled to priority over a prior unrecorded mortgage held by the complainant and which mortgage was not recorded until after the entry of the judgment. It is conceded that under the provisions of section 54 of the Conveyance act (2 Comp. Stat. p. 1553), and section 22 of our Mortgage act (3 Comp. Stat. p. 3414), a judgment lien is entitled to priority over the lien of a previous unrecorded mortgage when the judgment creditor obtained his judgment without notice of the existence of the…