GLOBE SLICING MACHINE CO., INC. v. Casco Bank & Trust Co.

Dissenting Opinion.

Tapley, J.

I find myself unable to agree with my associates and, therefore, I respectfully dissent.

The majority of the Court has determined the recording of the conditional sales contract is valid between the parties and with this, of course, I agree. I take issue, however, on the matter of constructive notice to the defendant. The line of analysis which I am taking involves the question of whether this defendant, according to the facts of the case, takes title as against the conditional vendor.

The instrument was recorded in its entirety and was indexed :

“Mortgages 1943-1958…