Small v. Gartner

It has been held in Laundon v. Denman, 18 C. C. 857, that the failure to index defeats a foreign execution lien, as against the lien of a subsequent mortgagee. There is no inclination on the part of anyone to question the soundness of this holding. The only question is whether or not a subsequent. judgment lien or execution lien occupies under these circumstances the same favorable position that a subsequent purchaser or mortgagee occupies. The question is one'of great difficulty.

By 8543 GC the failure to record a deed operates against the grantee thereof only in favor of a subsequent…