Reidmiller v. Comes

Hart, J.,

(after stating the facts). Sec. 7381 of Crawford & Moses’ Digest provides that every mortgage, whether for real or personal property, shall be a lien on the mortgaged property from the time the same is filed in the recorder’s office for record, and not before.

In the construction of the statute this court has held that, between conflicting mortgages, the one first filed for record will have priority. Mitchell v. Badgett, 33 Ark. 387. This court has also held that, by accepting a mortgage which recites the first mortgage and provides for its payment, the second mortgagee, whose…