Shepler v. Whalen

MULLARKEY, Chief Justice.

I. Introduction

In this dispute among judgment creditors, we examine the creditors' priority to real property that was never titled in the name of the judgment debtor. We determine that the state's race-notice statute does not control the priority among ereditors under the facts of this case. Where the judgment debt- or had neither a legal nor an equitable interest in the property, recording a judgment does not create a lien on the property because there is no interest on which the lien could attach. Where it is alleged that property titled in the name of another has…