Paul v. Lingenfelter

The opinion of the court was delivered by

Porter, J.:

The sole question in this case is whether an attaching creditor may acquire a lien as against title notes covering the property which are unrecorded but of which he has notice.

The trial court instructed the jury that if before he procured the attachment upon the corn binder in question, Bell, the creditor, knew that plaintiffs held title notes against the machine or had notice of such facts as would put a prudent man upon inquiry, then plaintiffs would be entitled to recover in this action against the officer holding the property under the…