Baker v. Atkins & Wideman

The opinion of the court was delivered by

Monroe, J.

The judges of the court of appeal of the first circuit certify the following questions: •

“1. Where A is the owner of real estate, by undisputed title, and sells the same to B, who fails to record his title, can the judgment creditor of A acquire a judicial mortgage on said property by duly recording his judgment after the date of said sale, but before the same is recorded ?”

“2. If so, what is the rank of said judicial mortgage as to a judicial mortgage against B, resulting from the registry of a judgment against him after the date of the…