Exeter Banking Co. v. Sleeper

The parties agree the issue here is whether a valid mortgage lien existed on the property in question in favor of the defendant Sleeper prior to the creation of the tax liens of the claimant, the United States of America. If such a lien did exist, then Sleeper must prevail. United States v. Sampsell, 153 F. (2d) 731; note 174 A. L. R. 1387. This is true here whether or not the authority of the Sampsell case, so far as it applies to inchoate liens, has been affected by the decision in United States v. Savings Bank, 340 U. S. 47. See also, anno. 95 L. ed. 59, 65, 67. The claimant has no lien…