Vaughn v. Schmalsle
Montana Supreme Court
Appeal from Seventh Judicial District, Ouster County. Judgment was rendered for the defendants below by Mil-burn, J. The contention of the plaintiff involves the question of the effect of the registry law of the State, as between a judgment lien and a mortgage, executed before tbe docketing of a judgment, and filed for record after that time, but before, the sale under the execution issued on the judgment.
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Appeal from Seventh Judicial District, Ouster County. Judgment was rendered for the defendants below by Mil-burn, J. The contention of the plaintiff involves the question of the effect of the registry law of the State, as between a judgment lien and a mortgage, executed before tbe docketing of a judgment, and filed for record after that time, but before, the sale under the execution issued on the judgment. The registry’of deeds and conveyances is unknown to the common law, and the lack of such a uniform law is criticised by Blackstone in his Commentaries, book 3, page 343. (See, also, Mesick…
1Opinion of the CourtHarwood, J.
In this appeal two questions of law are to be determined: First, a question of priority and relative legal effect of a judgment lien on real estate, and title acquired at execution sale thereunder, as against a mortgage executed and delivered prior to docketing of the judgment, but not recorded until after the judgment was docketed and levy made under execution. Second, a question as to the sufficiency of description of a portion of the real estate mentioned in the mortgage.
These questions will be considered in the order stated. This appeal is from the judgment of the trial court, and we find…
2Cases cited19 opinions
- In re HoweNew York Court of Chancery · 1828
- Brown v. PierceSupreme Court of the United States · 1869
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Holden v. GarrettSupreme Court of Kansas · 1879
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3Cited by13 opinions
- In Re Granite Lumber Co.United States Bankruptcy Court, D. Montana · 1986
- Dawson v. McCartyWashington Supreme Court · 1899
- Hannah v. MartinsonMontana Supreme Court · 1988
- In re Ricker's EstateMontana Supreme Court · 1894
- Rockefeller v. DellingerMontana Supreme Court · 1899
8 more not listed; retrieve them via the Exa API.