Copeland v. Tennessee Valley Bank

BROWN, Justice.

■The result in this case depends upon the effect of § 6890 of the Code, which provides: “Conveyances of personal property to secure debts, or to provide indemnity, are inoperative against creditors and purchasers without notice, until recorded,” etc.

The settled construction of this statute is that a prior unrecorded mortgage, as to a subsequent mortgagee who without notice takes a subsequent mortgage and parts with value, is void. Nolen v. Farrow, 154 Ala. 269, 45 So. 183; Williams v. White, 165 Ala. 336, 51 So. 559.

The sole effect of the “subordination” agreement between…