Kartchner v. State Tax Commission

HENRIOD, Justice.

Appeal from the dismissal of a quiet title action where the trial court held that one Bennett, judgment creditor of appellant Kartchner’s grantor, one Wyatt, had a lien superior to the title of Kartchner, whose deed predated the judgment, but which was recorded thereafter. Reversed with costs to appellant.

This situation has received different treatment by courts under varying recording acts. Most courts which have construed statutes similar to ours 1 have held, as we do here, that the judgment lien was subordinate and inferior to a deed which predated it, whether recorded…