Bank of Ukiah v. Petaluma Sav. Bank

Temple, C.

Appeal from the judgment. A simple question of law is presented by this appeal. The learned judge of the trial court, in an opinion which respondent has printed in his brief, presents that question thus: “Will the lien of an unrecorded mortgage, given to secure a loan, take precedence over an attachment or judgment lien obtained after the execution of the mortgage ? There is no law in this state which requires conveyances to be recorded. Section 1217 of the Civil Code provides that ‘an unrecorded instrument is *591valid as between the parties thereto and those who have notice thereof.’…