Diocese of Samoa Pago Pago v. K.M.S.T. Inc.
High Court of American Samoa
1Opinion of the Court
This case concerns some of the same parties as our recent opinion in Shantilal Brothers, Ltd. v. KMST Wholesale, Inc., 15 A.S.R.2d 115 (1990). It also presents a slightly different aspect of the same issue: the priority of liens among (1) the named mortgagee in a recorded document purporting to create a mortgage on all or essentially all the property owned by the mortgagor, but not describing any particular thing subject to the mortgage; (2) a judgment creditor of the named mortgagor, who had levied an execution upon certain property of the mortgagor/judgment debtor and caused it to be sold…
2Cases cited2 opinions
- Arro Refining Co. v. Montana & Dakota Grain Co.Montana Supreme Court · 1930
- Strong City Gin Co. v. Herring & YoungSupreme Court of Oklahoma · 1938