Hawkins v. Files
Supreme Court of Arkansas
APPEAL from Ashley Circuit Court in Chancery. Carroll D. Wood, Judge. On the 3d day of August, 1874, A. W. Files executed to Mildred H. Williams a mortgage on the land in controversy and other property. On the 13th day of April, 1876, J. M. Robinson & Co. recovered a judgment against Files in the United States Circuit Court for the Eastern District of Arkansas, in which said land is situated.
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APPEAL from Ashley Circuit Court in Chancery. Carroll D. Wood, Judge. On the 3d day of August, 1874, A. W. Files executed to Mildred H. Williams a mortgage on the land in controversy and other property. On the 13th day of April, 1876, J. M. Robinson & Co. recovered a judgment against Files in the United States Circuit Court for the Eastern District of Arkansas, in which said land is situated. Execution was issued on the judgment on the 24th of May, 1876, and was levied on the land in controversy on the 1st day of June, 1876. On the 23d day of June, 1876, Mildred H. Williams, who had neglected…
1Per curiam
The lien acquired by the levy of an execution upon lands is superior to that of a prior unrecorded mortgage, even though the mortgage be subsequently filed for record before sale. This is in accordance with Main v. Alexander, 9 Ark., 112. See annotation to the case cited; also Dodd v. Parker, 40 Ark., 536; Wing v. Ringo, 49 Ib., 457.
Affirmed.
2Cited by3 opinions
- In Re WatsonDistrict Court, W.D. Arkansas · 1951
- Arkansas Bank & Trust Co. v. State Bank of Poplar BluffSupreme Court of Arkansas · 1924
- Charlesworth Pontiac Co. v. WalkerSupreme Court of Arkansas · 1965