Hoag v. Howard

Thornton, J.:

In this cause, which was an action to recover possession of a parcel of land, the only question presented is, whether a party whose title is made out by a deed not recorded until after the lien of an attachment had been perfected, is superior to that of one who makes title by conveyance from an attachment creditor who has recovered judgment in the action, had execution issued, *565has become the purchaser at the execution sale, and received the sheriff’s certificate and deed. The grantor in the unrecorded deed and the defendant in the attachment suit is the same person.

It is conceded…