Graeber v. Hickel Investment Co.

OPINION

MOORE, Justice.

This case presents the single, legal question whether under the Ship Mortgage Act an attaching creditor prevails over a purchaser who did not record his interest. 1 Although other courts are divided, the language of the statute is clear, and the arguments for reaching a contrary result are not compelling. We therefore conclude that an attaching creditor does prevail over a prior unrecorded purchaser and affirm the decision of the superior court.

I

In 1987, Hickel Investment Company (“Hickel”) sued David Klosterman to recover rent due under a commercial lease. 2 On February…