Parham v. Heath

1. Where, in a claim case, there is a contest between a prior unrecorded conditional-sale contract and a junior judgment on which execution has issued, the junior judgment creditor is entitled to priority. Parham v. Heath, 90 Ga. App. 26 (81 S. E. 2d 848).

2. Where, however, as here, upon the second trial of this case, it appears that there is also outstanding a valid and subsisting bill of sale executed prior to the rendition of such judgment, such bill of sale divests the defendant in execution of all title to the property, and, although unrecorded, is entitled to priority over the junior…