Spurgeon v. Hughes

OPINION OP THE COURT

WATSON, J.

This suit is a contest for priority between two chattel mortgages. Appellee’s mortgage was sent to the county clerk for recording, and the fee paid. It was recorded in full in a record of chattel mortgages, and indexed in the usual manner of indexing instruments of record. It was not minuted or indexed in the special chattel mortgage minute record prescribed by section 5, chapter 71, Laws of 1915. After being recorded, the instrument was returned to appellee, and no copy ivas left with the clerk. Appellant subsequently took a mortgage upon the same property.…