Reed v. Ownby
Supreme Court of Missouri
Appeal from Sixth District Court. An unrecorded mortgage will not prevail over a subsequent judgment, although the mortgagee give notice of his mortgage before sale under the judgment. (Washington’s Lessee v. Trousdale and the Banks, Mart. & Yerg. 385; Smith v. Jordan, 25 Ga. 687; Shepherd v. Burkhalter, 13 Ga. 443; Guerrant v. Anderson, 4 Rand. 208 ; Priest v. Rice, 4 Pick. 164; Davidson v. Cowan, 1 Dev.
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Appeal from Sixth District Court. An unrecorded mortgage will not prevail over a subsequent judgment, although the mortgagee give notice of his mortgage before sale under the judgment. (Washington’s Lessee v. Trousdale and the Banks, Mart. & Yerg. 385; Smith v. Jordan, 25 Ga. 687; Shepherd v. Burkhalter, 13 Ga. 443; Guerrant v. Anderson, 4 Rand. 208 ; Priest v. Rice, 4 Pick. 164; Davidson v. Cowan, 1 Dev. Eq. 474.) A fortiori, an unrecorded mortgage, of which an attaching creditor has no notice, will not prevail over a subsequent attachment. (Hill v. Paul, 8 Mo. 479; Reed v. Austin, 9 Mo. 713…
1Opinion of the CourtWagner, Judge
This was an action of ejectment for the recovery of' the possession of a piece of land lying in Monroe county. The plaintiffs *206claim title under a sheriff’s deed. From the record it appears that on the 13th day of August, 1861, plaintiffs commenced their suit by attachment, in the Monroe County Circuit Court, against one Frank Davis, and attached the land in controversy. On the 19th day of May, 1862, they obtained a judgment, on which execution issued; and at the May term, 1863, they purchased the same. At the institution of the attachment suit, so far as the records showed, the title was in…
2Cases cited2 opinions
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Valentine v. HavenerSupreme Court of Missouri · 1854
3Cited by34 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- County of Logan v. CarnahanNebraska Supreme Court · 1902
- Holden v. GarrettSupreme Court of Kansas · 1879
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Fox v. HallSupreme Court of Missouri · 1881
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